Terms of Use

Welcome to Fabchannel.com, the online service for video streams of live concerts from Paradiso and Melkweg in Amsterdam and The Roxy on Sunset in W. Hollywood. The Fabchannel.com web site (the "Web site") is operated by Fabchannel BV ("Fabchannel"). On Fabchannel.com, we offer services (“Services”), such as but not restricted to free viewing of video streams, compilation of individual play lists, blogging and a player to display video streams on third-party web sites.

By using the Fabchannel Web site or any other of our Services, you agree to be legally bound by these Terms of Use (this "Agreement”), whether you are a "Visitor" (which means that you simply browse the Web site) or you are a "Registered User" (which means that you have registered with Fabchannel). Please read this Agreement carefully. Fabchannel reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Services. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Fabchannel website will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

This Agreement includes Fabchannels acceptable use policy for “Content”, being defined as

  • the Web site and the Services, including but not restricted to the contained information, logos, pictures, images, icons and source codes
  • all audio, visual and audiovisual material streamed
  • all comments, messages, photos, videos or profiles or other content submitted by Visitors or Registered Users.

    • 1. Eligibility. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

    2. Term. This Agreement will remain in full force and effect while you use the Web site and/or the Services and/or are a Registered User. You may deregister at any time, for any reason by contacting Fabchannel at info@fabchannel.com. Fabchannel may terminate your Registration for any reason, at any time. Even after deregistration, this Agreement will remain in effect.

    3. Non Commercial Use. The Web site is for the personal use of individuals only and may not be used in connection with any commercial endeavours without our prior written consent. Organizations, companies, and/or businesses may not become Registered Users and should not use the Services or the Web site for any purpose without our prior written consent. Nicknames, photos, links, and Web site Content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site and the Services, including collecting nicknames and/or email addresses of Registered Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

    4. Proprietary Rights in Content on Fabchannel. Fabchannel owns and retains all proprietary rights in the Web site and the Services. The Web site contains copyrighted material, including video, links and compilations of individual data, trademarks, and other proprietary information of Fabchannel and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

    The Web Site and the Services contain Content that is protected by intellectual property rights. Fabchannel holds the rights in such Content or has been licensed to display it on the Web site or via its Services. You are not entitled to make a copy of any of the Content. All intellectual property rights in the Content rest with the parties holding such rights. In case Fabchannels license to display any Content protected by intellectual property rights expires, Fabchannel is not obliged to notify its Visitors and/or Registered Users. Streams for which the rights have expired will be put offline without warning.

    5. Content Posted on the Web site.
    a. You understand and agree that Fabchannel may review and delete any content, messages, photos, videos or profiles (collectively, "Postings") that in the sole judgment of Fabchannel violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Registered Users.
    b. You are solely responsible for the Postings that you publish or display (hereinafter, "post") on the Services, or transmit to other Registered Users.
    c. The following is a partial list of the kind of Postings that is illegal or prohibited on the Web site. Fabchannel reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the Registration of such violators. It includes Postings that:

  • are patently offensive to the online community, such as Postings that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harass or advocate harassment of another person;
  • involve the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • promote information that you know is false, misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • display pornographic or sexually explicit material of any kind;
  • provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

    • Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.

    d. You must use the Services in a manner consistent with any and all applicable laws and regulations.
    e. You may not transmit any chain letters or junk email to other Visitors or Registered Users. Although Fabchannel cannot monitor the conduct of its Registered Users off the Web site, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Registered User without their prior explicit consent. In order to protect our Registered Users from such advertising or solicitation, Fabchannel reserves the right to restrict the number of emails which a Registered User may send to other Registered Users in any 24-hour period to a number which Fabchannel deems appropriate in its sole discretion.

    6. Content posted on third-party web sites. The Web Site contains links to third-party web sites that are not owned or controlled by Fabchannel. Furthermore, Fabchannel content is displayed on players on third-party web sites. Fabchannel has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites. In addition, Fabchannel will not and cannot censor or edit the content of any third-party site. By using the Web site, you expressly relieve Fabchannel from any and all liability arising from your use of any third-party web sites.

    7. Copyright Policy. You may not reproduce, post, publicly perform or distribute in any way any Fabchannel Content, copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

    8. Registered User Disputes. You are solely responsible for your interactions with other Fabchannel Registered Users. Fabchannel reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.

    9. Privacy. Use of the Web site and/or the Services is also governed by our Privacy Statement.

    10. Disclaimers. Fabchannel is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Services, whether caused by users of the Web site, Registered Users or by any of the equipment or programming associated with or utilized in the Services. Fabchannel is not responsible for the conduct, whether online or offline, of any user of the Web site or Registered User of the Services. Fabchannel assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Registered User communications. Fabchannel is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Visitors and/or Registered Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will Fabchannel be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Services, any Postings posted on the Web site or transmitted to Registered Users, or any interactions between users of the Web site, whether online or offline. The Web site and the Services are provided "AS-IS" and Fabchannel expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fabchannel cannot guarantee and does not promise any specific results from use of the Web site, the players and/or the Services. The Services may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Fabchannel or through or from the Services shall create any warranty not expressly stated herein.

    11. Limitation on Liability. In no event will Fabchannel be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Services, even if Fabchannel has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Fabchannels liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Fabchannel for the Services during the term of your Registration.

    12. Indemnity. You agree to indemnify and hold Fabchannel, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

    13. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Fabchannel and any User of the Services.

    14. Other. This Agreement, accepted upon use of the Web site and further affirmed by becoming a Registered User of the Services, contains the entire agreement between you and Fabchannel regarding the use of the Web site and/or the Services. The failure of Fabchannel to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. This Agreement shall be governed by Dutch law and the Amsterdam Court shall be the court of exclusive jurisdiction.

    Please Contact Us with any questions regarding this Agreement.