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TheBandSite Terms & Conditions

By using this site, you agree to the following terms & conditions

Acceptance of Terms
TheBandSite.com ("The Band Site") provides its services subject to certain terms and conditions including the terms set out below. Collectively, these are the "Terms of Use" or "TOU". All of these may be revised by TheBandSite from time to time, without notice, and will be posted as amended on our site. Use of our services constitutes acceptance of the Terms of Use, as so published.

Membership Eligibility and Responsibility
By registering as a member, you confirm your acceptance of this agreement and represent and warrant that you are at least 13 years old. Your membership is solely for your individual use and you will not authorize others to use your account, profile, or messages. You are solely responsible for all use of your account including but not limited to content published, messages sent or posted, and interactions with other members, whether or not you have authorized such activities. You agree to maintain the accuracy of your registration information and to keep account information confidential. You must tell us right away about anyone besides you using your account, or any security breach that relates to the Service. You understand and agree that we have no obligation to prescreen, manage, or edit content made available through the service. You agree to bear all risk associated with content you or others provide using your account. Membership in the Service is void where prohibited. You acknowledge that TheBandSite does not pre-screen content, but that TheBandSite and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, TheBandSite and its designees shall have the right to remove any content that violates the TOU or is otherwise objectionable. You acknowledge and agree that TheBandSite may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TheBandSite, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge that TheBandSite staff may at any time view any content, both public and private saved on TheBandSite systems if there is suspicion that said content violates the TOU. TheBandSite staff may login under your account in order to view or access this content.

License
We do not claim ownership of your Information. We will use your Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant TheBandSite a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.
Links and Third Parties
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that TheBandSite 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 reliance on any such content, goods or services available on or through any such websites or resource. Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that TheBandSite shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.

General Restrictions

You shall not: User Generated Content on TheBandSite
Termination and Breach
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular TheBandSite member, venue, band, or your ability to use all or any portion of our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.

Fan, Band and Venue Accounts
TheBandSite provides three types of accounts: 1) Fan, 2) Band and 3) Venue. The basic fan account is free of charge and is ONLY authorized for use by an individual user who represents him/herself. The individual account type CANNOT be used to represent a company, business, group, organization, association, or any type of entity other than an individual person. If you are a band, business, group, organization, association, or any type of entity other than an individual person, you are authorized to set up a band or venue account. The Band account is an account that allows you to represent a musical group consisting of one or more members that may or may not be members of TheBandSite site. The Venue account is an account that allows you to represent an establishment or organization that hosts or promotes bands. By signing up for a band or venue account you acknowledge that you are a member of the band being represented by the account or owner/operator of the venue being represented by the account. TheBandSite reserves the right to terminate any accounts that do not comply with these standards.

Events
Through our website we provide tools that enable our users to arrange physical meetings ("TheBandSite Event") at venues that include, but are not limited to, bars, public parks, private homes, restaurants, arenas, stadiums, dance halls or misc private enterprises (such as coffee shops or shopping malls). We do not supervise these Events and are not involved in any way with the actions of any individuals at these TheBandSite Events. As a result, we have no control over the identity or actions of the individuals who are present at these TheBandSite Events, and we request that our users exercise caution and good judgment when attending these TheBandSite Events. Because we do not supervise or control the TheBandSite Events or interactions among between users and other persons or companies, and because we are not involved in any way with physical transportation to or from these TheBandSite Events or with the actions of any individuals at these TheBandSite Events, and because we cannot guarantee the true identity, age, nationality of TheBandSite users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the website you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Group and Event Hosts from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a TheBandSite Event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

Communications
Our Communications. You understand and agree that we may send you certain communications, such as TheBandSite announcements, newsletters, service announcements, text message alerts and other administrative messages, and that these communications are considered part of our Platform. Your ability to opt out of these communications, if any, will be governed by our privacy policy. Communications with Event Hosts. You understand and agree that you may receive communication from a venue owner or Band Manager (an "Organizer") in the normal course of utilizing our Platform. By attending an event, you agree to receive communications from the Organizer, who may communicate with you through our Platform. (You may also opt-in to receiving information from other members of your Event or Group.) If you are an Organizer, you agree to receive messages from individual members of your Event or Group. Communications with Classifieds Owners. You understand and agree that you may receive communication from a member of TheBandSite who is selling goods or services in the site’s Classifieds section. By responding to a classified, you agree to receive communications from the Classifieds’ Owner, who may communicate with you through our Platform. (You may also opt-in to receiving information from other members of TheBandSite.) If you are an Classifieds Owner, you agree to receive messages from individual members of the website.

Other Users
We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note that is a risk that you may be dealing with underage persons or people acting under false pretense. Please report any users you feel are behaving in an offensive, harmful or unlawful way to the webmaster.

Fees and Payments
Access to our website and use of selected features of our Platform is free to individual users. We may, in the future, charge fees for various premium features and services that we offer. We may, in our sole discretion, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees or change the fees for an existing service, such new or revised fees shall automatically be effective thirty (30) days after they are initially posted on our website, as provided above. Once fees and changes become effective, you agree to pay all fees and charges specified and all applicable taxes for the services provided and benefits received. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Use (e.g., overdrawn accounts, exceeding account limits, etc.)

Intellectual Property
We (or our associated or affiliated companies or third parties who have licensed its brands to Company or contributed to this Site) ("Content Owner") own or license from third parties all Site Content. All Site Content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.

Notice and Procedure for making claims of copyright infringement
Users, and not TheBandSite or its affiliates, are responsible to ensure that any Content they submit does not infringe any other party’s intellectual property rights. If, however, you believe that your work has been copied in a way that constitutes copyright infringement, please provide TheBandSite the written information specified below. Please note that this procedure is exclusively for notifying TheBandSite and its affiliates that your copyrighted material has been infringed. TheBandSite does not warrant or guarantee that any action can or will be taken against such claimed infringement, but at all times reserves the right for any reason Disclaimer
THEBANDSITE SITE IS PROVIDED BY DIGITAL720, LLC ON AN "AS IS" BASIS. THEBANDSITE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE THEBANDSITE SITE, THEBANDSITE SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE THEBANDSITE SITE OR IN GROUP WITH THE THEBANDSITE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THEBANDSITE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THEBANSITE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE THEBANSITE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THEBANSITE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE THEBANDSITE SITE. TheBandSite does not warrant or covenant that the TheBandSite Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the TheBansite Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the TheBandSite Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THEBANSITE, THE THEBANDSITE SITE OR THROUGH OR FROM THE THEBANDSITE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation on Liability
TheBandSite shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TheBandSite’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

Ownership and Mark
Except for the Content submitted by members or users, the TheBandSite website and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by TheBandSite, Digital720, LLC or TheBandSite.com licensors. You acknowledge that the TheBandSite Service and any underlying technology or software used in connection with the TheBandSite Service contain TheBandSite’s proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the TheBandSite Site, or TheBandSite Services in whole or in part except as expressly provided in TheBandSite’s policies and procedures made available via the TheBandSite Service. Except as expressly and unambiguously provided herein, TheBandSite and its suppliers do not grant you any express or implied rights, and all rights in the TheBandSite Service not expressly granted by TheBandSite to you are retained by TheBandSite. TheBandSite owns and retains, to the fullest extent of the law, all rights in the Service including but not limited to copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service. The foregoing does not apply to user content.
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