Welcome to Low-Fi, a peer-to-peer marketplace and online service. This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in Low-Fi services. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Please read this agreement carefully to ensure that you understand each provision. You understand and agree that Low-Fi is not a party to any agreements entered into between sellers and buyers, nor is Low-Fi an agent or insurer. Low-Fi has no control over the conduct of other users of the service and disclaims all liability in this regard. Low-Fi is a third-party booking marketplace that connects artists with hosts and audiences. We do not assume liability for artists, hosts and/or guests and solely act as a connecting marketplace online.
Low-Fi allows all users to use their PayPal business or premier account to buy or accept payments for services on Low-Fi.
There is no charge to list your band or concert on Low-Fi. If you choose to utilize PayPal , you will be charged 15% of the set price and then an additional 3,5% approximately from PayPal . These are the only fees you will be charged for using Low-Fi.
Refunds and cancellations should be on a case by case basis. Whenever you list your band or concert, clearly identify if you have a cancellation policy, and if you do the terms. Users should notify the other party as quickly as possible if they need to cancel or refund. We are not responsible for refunds or cancellation and do not offer a guarantee so we can only refund the payment from PayPal with both party consent.
Low-Fi will not sell or disclose your personal information to third parties without your explicit consent. Low-Fi stores and processes content on computer servers that are protected by physical as well as technological security.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Low-Fi of any unauthorized use of your password or any breach of security. You also agree that Low-Fi cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
The transactions and interactions on Low-Fi are based on mutual trust and respect between seller and buyer. If this trust is in any way abused a user can be banned from the site at our discretion.
We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
Low-Fi contains content from us, you, and other users. Low-Fi is protected by copyright laws and international treaties. Content displayed on or via Low-Fi is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Low-Fi without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Low-Fi. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Low-Fi (other than your own content).
Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). Entitled parties, in particular the SELLERS of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Low-Fi.
To report an infringement, please contact us. Note: This contact request can only be used by the lawful SELLERS of the intellectual property rights. "Notice of Infringement" is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. For all other questions, visitors and advertisers can get by contacting us.
IF YOU CHOOSE TO USE THE PLATFORM OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT LOW-FI DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, BUYERS AND SELLERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE PLATFORM AND COLLECTIVE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LOW-FI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LOW-FI MAKES NO WARRANTY THAT THE PLATFORM OR COLLECTIVE CONTENT, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LOW-FI MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES, OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOW-FI OR THROUGH THE PLATFORM OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY SELLERS OR BUYERS. YOU UNDERSTAND THAT LOW-FI DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW ANY LISTINGS. LOW-FI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, BUYERS AND SELLERS. NOTWITHSTANDING LOW-FI’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE SELLERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM BUYERS ON BEHALF OF THE SELLERS, LOW-FI EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF LOW-FI WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LOW-FI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OR INABILITY TO USE THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR FROM YOUR BOOKING OF A BAND OR PUCHASE OF TICKETS VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOW-FI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL LOW-FI’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, FROM YOUR BOOKING OF A BAND OR PUCHASE OF TICKETS VIA THE PLATFORM, FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT, AND IN CONNECTION WITH ANY EQUIPMENT OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE PLATFORM AS A BUYER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN SELLER, THE AMOUNTS PAID BY LOW-FI TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOW-FI AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify and hold Low-Fi and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) booking of a band, or (iii) creation of an even; and (d) buying tickets by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a booking of a band or purchase of tickets
If you interact with a User, whether via the Platform, offline, or in person, who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent, or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Low-Fi by contacting us with your police station and report number at support@Low-Fi.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Low-Fi and you regarding the Platform and Collective Content, and any band profiles, booking of a band or purchase of tickets made via the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Low-Fi and you regarding bookings or bands profiles, the Platform, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Low-Fi’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Low-Fi may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Low-Fi (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of Denmark, without regard to its conflict of law provisions. You and we submit to the personal jurisdiction or federal court in Copenhagen, Denmark for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Low-Fi agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Low-Fi are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Low-Fi otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.
The provisions and terms of these Terms that by their nature should survive termination of these Terms, including, without limitation, the “Dispute Resolution” section and Section 18 (“Limitation of Liability”), shall survive any termination or expiration of these Terms.
The failure of Low-Fi to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Low-Fi. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Low-Fi at support@Low-Fi.com