Last Updated: 09/05/2006
TERMS OF SERVICE
BEST OF BANDS
Acceptance of Terms-This Website is provided by Best of Bands, LLC (“Best of Bands”), subject to the following Terms of Service (“TOS”), which may be updated from time to time. Best of Bands reserves the right to alter these TOS without advance notice by posting a revised TOS. To determine if the TOS has been revised, refer to the “Last Updated” date at the top of this page.
These TOS apply to the Best of Bands website (the “Website”). In addition, when using particular services and functions provided by Best of Bands, you shall be subject to any additional posted guidelines or rules applicable to such services and functions. All such guidelines or rules are hereby incorporated by reference into the TOS. Please refer to all such specific guidelines and rules applicable to the specific functions you are accessing on the website. When accessing any third party websites that may be linked to this website, you will be subject to the terms of service and privacy policies of those websites, which may differ from these TOS and Best of Bands privacy policy.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING BEST OF BANDS WEBSITE. YOUR USE OF THE WEBSITE CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE IN EFFECT AT THE TIME OF ACCESS AND USAGE.
For any questions about or clarifications of these TOS please contact the administration at admin@bestofbands.com.
Description of Services-Best of Bands provides users will provide online promotional tools for artists and music related business, including profiles, user feedback, forum, industry news, 3rd party links to artist/business websites, online contests, glossary, newsletters and other specialized content throughout the website. Unless specifically stated otherwise, any new features added shall be subject to the then current TOS.
Links-The website provides links to a wide variety of web sites and resources. Although we make our best effort to validate working links, Best of Bands has no control over these sites and resources, therefore you acknowledge and agree the Best of Bands does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites and resources, or the availability of any external sites or resources. In addition Best of Bands has no control over sites that provide links to the Best of Bands website, and you acknowledge and agree that Best of Bands does not endorse such sites and is not responsible for any links from those sites to the website or for any content, advertising, products, or other materials on such sites. You further acknowledge that Best of Bands shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use the sites or resources that Best of Bands provides links to or that provide links to Best of Bands website, or any content, goods or services available on or through any such site or resources. Best of Bands shall have the right, at any time and at its sole discretion to block links to the website through technological or other means, without prior notice.
Registration Obligations/Screen Names-You are not obligated to register with Best of Bands in order to access the website. However, registration is required to utilize the features, functions and services of the website. For example, to contribute to the forum you will be required to select a username and password, and to provide your valid email address to Best of Bands. When you contribute to the public forum, your user name and a link to your profile will automatically appear with your post. Additional contact information, including name, address and phone number may be required for participation in other services, including but not limited to Artist/Business profiles. All such submissions are governed by Best of Bands privacy policy.
We may refuse to grant you the use of a user name or email address that is already in use; that may impersonate another person; that belongs to another person, with or without consent; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any reason in our sole discretion.
In consideration of your use of the Services, you agree, where information is requested, to provide true, accurate, current and complete information about yourself and to maintain and update it promptly. You agree that if the information you provide is false, inaccurate, not current or incomplete, we may terminate your use of the services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Website or services to any third party. You are fully responsible for all activities that occur under your password or user name, including without limitation purchases. You agree to immediately notify Best of Bands of any unauthorized use of your password or user name or any other breach of security, and ensure that you exit from your account at the end of each session. Best of Bands is not liable for any damage arising from your failure to comply with all the foregoing obligations.
Best of Bands Privacy Policy-These TOS incorporate the terms of Best of Bands Privacy Policy.
Rules of Conduct-While using the website you will comply with all applicable laws, rules and regulations. In addition, Best of Bands expects users of the website to respect the rights and dignity of others. Your use of the website and services is conditioned upon the following rules of conduct:
You will not:
Post, transmit or otherwise make available anything that is or may be threatening, harassing, degrading, hateful or intimidating; defamatory; fraudulent or tortuous; obscene, indecent, pornographic, or otherwise objectionable; or protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such right. Any person who has been found to violate the intellectual property rights of others shall be barred from submitting or posting any further material on the website.
Use the website for any illegal purpose; or post transmit or otherwise make available any material which would give rise to criminal or civil liability, which encourages conduct that constitutes a criminal offense, or which encourages or provides instructional information about illegal activities, or activities such as hacking, cracking or phreaking.
Post, transmit, or otherwise make available any material that would violate another person’s privacy or other rights, including any messages containing personal phone numbers or addresses.
Interfere with any other user’s right to privacy; or harvest or collect personally identifiable information about users of the website.
Post, transmit or otherwise make available any material, public or non-public information about a company without proper authorization to do so.
Impersonate any person or entity, including but not limited to, any Best of Bands employee; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.
Post, transmit, or otherwise make available any virus, worm, Trojan Horse, Easter egg, time bomb, spyware or other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.
Interfere with or disrupt the Services, or the servers or networks that provide the Services; or disobey any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other user from using the website, including by means of hacking or defacing any portion of the website.
Post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “chain letters”, “pyramid schemes”, “investment opportunities” or any other form of solicitation.
Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services, use of the services, or access to the services or website.
Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the website.
Remove any copyright, trademark, or other proprietary rights notice contained on the website.
Frame or mirror any part of the Website without our prior written authorization.
Use any robot, spider, site search or retrieval application or any other manual or automatic device or process to retrieve, index, datamine, or in any way reproduce or circumvent the navigational structure or presentation of the website.
Payment-You will pay all charges where applicable, incurred through your account at the prices in effect when the charges are incurred. All payments may be made by credit card.
Monitoring and Disclosure of Content-You acknowledge that Best of Bands is not capable of pre-screening all content posted or submitted by users and that Best of Bands shall not be responsible for policing, monitoring, or editing such content. Notwithstanding the foregoing, Best of Bands shall have the right but not the obligation, to monitor such content in order to respond or comment upon communications by participants and to determine compliance with the TOS. In addition, Best of Bands shall have the right and sole discretion, without obligation to alter, refuse to post or remove any content, in whole or in part, that it believes to be in violation of the TOS, or which it finds objectionable for any reason.
You acknowledge and agree that Best of Bands by preserve content, and may disclose content and its origin if we believe we are required to do so by law, or that such preservation or disclosure is reasonably necessary to comply with legal process or government requests, to enforce the TOS, respond to claims that any content violates the rights of third parties, protect the rights, property or safety of Best of Bands, its users or the public or to operate the website.
Limitation of Liability and Disclaimer of Warranties
Best of Bands is a distributor only and not a publisher of messages and content posted in its forums, feedback and blogs. The opinions expressed in the interactive areas are not necessarily those of Best of Bands. Please be aware that other users may post material in the forum that is inaccurate, misleading, or deceptive. Best of Bands is not responsible for any user provided materials, and shall not be responsible for any injury, loss, or damage which occurs as a result of opinions, statements, advice or information provided in interactive sections of the website, or for the reliability or accuracy of same. In addition, any user of Best of Bands website who chooses to make any personally identifiable information or other information publicly available in an interactive section of the website does so at his/her own risk.
Indemnity-You agree to defend, indemnify and hold harmless Best of Bands harmless, its parents, subsidiaries, and affiliated companies and their respective directors, officers, employees and agents from and against all claims, losses, costs, and expenses (including attorney fees) arising out of (I) your use of the Website; (II)any violation of these TOS by you; or (III) any allegation that anything you post, transmit, or make available on the Website infringes or otherwise violates the copyright, trademark, trade secret or other rights of any third party.
Best of Bands’ Proprietary Rights
Subject to the Best of Bands Privacy Policy, by inputting data, material, posting stories, ideas, opinions, messages or any other materials, or engaging in any other form of communication (each known as “submissions”) through the website, you are granting Best of Bands a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, assignable world wide license to (I) use, copy, transmit, publicly distribute and display any such submission in any medium now know or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such submission, including but not limited to rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction. You release Best of Bands from any and all claims or liability now known or hereafter arising, in connection with any submission made by you, and agree to indemnify Best of Bands in connection therewith. You agree and acknowledge that participation in the services shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between you and Best of Bands, other that the relationship between you and Best of Bands entered into by virtue of your agreement to these TOS.
You acknowledge and agree that the content presented to you on or through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Best of Bands, you agree not to copy, display, modify, license, rent, lease, loan, sell distribute or create derivative works based on the content made available on or through the website, in whole or in part.
Best of Bands and the associated logo are our trademarks. All other trade and service marks are the property of their respective owners.
Copyright issues-The Digital Millenium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter notices should be sent to:
Phillipe Carrier
2 Gold Street, Suite 2314
New York, NY 10038-4853
Best of Bands Logo-You may display the Best of Bands Logo button available at BoBButtons (the “Button”) on your website. Best of Bands hereby grants you a freely revocable right and license to display the Button, exactly as it is provided to you at the link set forth above, on your website sole for the non commercial purposes of showing your support for Best of Bands and providing a link to the website. Any and all goodwill arising from your use of the Button shall inure solely to the benefit of Best of Bands. If Best of Bands determines in its sole discretion, that you are using the button improperly, including, without limitation, by displaying the Button in connection with any content that Best of Bands deems unacceptable in its sole discretion, Best of Bands may notify you of such improper use, and you shall remedy the improper use immediately following receipt of such notice. Failure to remedy such improper use shall result in immediate termination to the license granted you in this paragraph. For purposes of this paragraph, Best of Bands may provide notice by sending an email to the registrant or the administrative, technical or billing contact set forth in the WHOIS database for the domain name corresponding to the website on which the Button is displayed, and such notice shall be deemed to have been received one (1) hour after transmittal during normal business hours. Placing the Button on your website in no way constitutes an approval or endorsement of your website by Best of Bands.
Modifications to Service-Best of Bands reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services or any part thereof without notice. You agree that Best of Bands shall not be liable to you or to any third party for any modification, suspension or discontinuance of any content, feature or product offered on the Website. Continued use of the website after such changes will indicate your acceptance of the changes.
Termination-You agree that Best of Bands, in its sole discretion, may terminate your password and user name and/or use of the services, for any reason, including without limitation, if Best of Bands believes you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Best of Bands may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the Services. Further, you agree that Best of Bands shall not be liable to you or any third party for any termination of your access to the Services.
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