Back On Stage Beta Tester
Back On Stage Beta Testers will gain early access to our web app at a fraction of the usual cost. For just $50, you can become a beta tester for one full year. You will have full access to our Back On Stage app and all our available features. In exchange, we will ask for a little feedback from time to time.
Once your year is up, you can choose to renew your account on one of our regular paid plans, or you may cancel your service.
Our anticipated date for the Beta Testing Period to begin is currently mid-late June, 2020. We have limited spots available, so sign up now. We’ll keep you updated if we have to push it back at all due to COVID or any other unforeseen circumstances.
Below, we have prepared a Beta Tester Agreement. Please read it.
If you disagree with any conditions, please do not become a beta tester. If you agree, we can’t wait to serve you!
BETA TEST AGREEMENT
This BETA TEST Agreement (“Agreement”) is entered into between Back On Stage and the You identified below (“You”).
1. The BETA TEST PERIOD
Begins on the day you are permitted to and succeed in creating a user account on our software. The period ends one year from your initial account creation date.
2. No Services.
Back On Stage shall be under no obligation to provide You with any services except as explicitly set forth in section 4 herein.
You may cancel your beta tester plan anytime within your Beta Test Period with written notice to email@example.com. If cancelled within 30 days of your Beta Test Period beginning, or before your Beta Test Period has begun, you will receive a full refund. If your account has been active for more than 30 days, no refund will be given.
If your usage greatly exceeds that of other average users (i.e., you upload too many mp3s, pdfs, etc), we may temporarily suspend or cancel your account. We will always contact you and make requests for you to limit your usage if this occurs.
Back On Stage, in its sole discretion, has the right to suspend or terminate any account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account.
4. Delivery and Account Setup.
Back On Stage is purely a web application and requires no downloading or installation. Back On Stage, via email, will inform you when you are free to begin your Beta Test Period, at which point you will receive an account setup link. Follow the step-by-step instructions to setup your account and begin your Beta Test Period.
Back On Stage will provide you with live chat and email support, accessible by the blue “BOS Support” button at the bottom right of your screen. You may also email us at firstname.lastname@example.org.
THE SOFTWARE IS PROVIDED “AS-IS.” BACK ON STAGE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE IN TRADE.
6. Acknowledgment of Beta Software.
You acknowledges and agree that: (a) the Software is not an official product and has not been commercially released for sale by Back On Stage; (b) the Software may not operate properly, be in final form or fully functional; (c) the Software may contain errors, design flaws or other problems; (d) it may not be possible to make the Software fully functional; (e) the information obtained using the Software may not be accurate and may not accurately correspond to information extracted from any database or other source; (f) use of the Software may result in unexpected results, loss of data or communications, project delays or other unpredictable damage or loss; (g) Back On Stage is under no obligation to release a commercial version of the Software; and (h) Back On Stage has the right unilaterally to abandon development of the Software, at any time and without any obligation or liability to you. You acknowledges and agree that you should not rely on the Software for any reason. You are solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Software. You will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of Your use of the Software.
7. Limitation of Liability.
EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF BACK ON STAGE AND ITS LICENSORS TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SOFTWARE, OR FOR ANY ERROR OR DEFECT IN THE SOFTWARE, OR FOR THE PROVISION OF TECHNICAL SUPPORT INSTALLATION, TRAINING OR OTHER SERVICES IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES PAID TO BACK ON STAGE HEREUNDER. IN NO EVENT WILL BACK ON STAGE OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS, REVENUE, DATA OR DATA USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
The limitations of liability set forth in this Agreement reflect the allocation of risk negotiated and agreed to by the You and Back On Stage. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy
8. Copyright and Ownership of Content
All content posted on Back On Stage must comply with Canadian copyright law.
All materials and content you upload remain your own. We do not claim copyright over it in any way.
Back On Stage may remove any content it deems necessary to comply with these laws, although we do not prescreen content.
The designs and functions of Back On Stage App are copyright © Phonix Band Inc. dba Back On Stage. All rights reserved. You may not copy, mimic, or reuse any portion of the site, code, or visual design elements without express written permission from Back On Stage.
You will provide reasonable feedback to Back On Stage concerning the features and functionality of the Software. If You provide feedback to Back On Stage, all such feedback will be the sole and exclusive property of Back On Stage. You hereby irrevocably transfer and assign to Back On Stage and agree to irrevocably assign and transfer to Back On Stage all of your right, title, and interest in and to all feedback including all intellectual property rights therein (collectively, “Intellectual Property Rights”). You will not earn or acquire any rights or licenses in the Software or in any Back On Stage Intellectual Property Rights on account of this Agreement or Your performance under this Agreement, even if Back On Stage incorporates any feedback into the Software.
You may not assign or otherwise transfer, by operation of law or otherwise, any of your rights under this Agreement without Back On Stage's prior written consent, and any attempted assignment without such consent will be null and of no effect. The Software shall be construed in accordance with the laws of the Province of British Columbia.