This Terms of Service Agreement (“Agreement”) is a legal agreement between Band Jam It, LLC (“Band Jam It”) and you (“you” or a “User”), and this Agreement, including all amendments made to date, governs your use of the services and content provided on our Site (the “Services”). If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Services and the website (www.bandjamit.com and any interaction through third party apps, hereinafter collectively referred to as the “Site”). We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Services after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
FIRST OFF, YOU REPRESENT THAT ALL POSTINGS ON THIS SITE ARE EITHER OWNED BY YOU OR YOU HAVE A VALID LICENSE TO POST ALL CONTENT, INCLUDING VIDEOS, AUDIO TRASMISSIONS, PICTURES AND WEBCASTS.
Subject to compliance with this Agreement, BandJamIt provides a platform for you to post an audio files, video files, sounds, photographs, graphics, text, software, scripts, and other content (collectively the “Content”) on the Site, as well as providing a section of the Site which allows for interaction with other registered Users regarding your postings, allows for interaction through a “chat” feature and instant messaging feature, and also allow registered Users to hire each other for bands and musical events, and may include an e-commerce section for third party goods and services (collectively the “Services”). BandJamIt retains all ownership of the computer software and all copyright on any and all Content and all other processes which make the Services possible. The Services may be available and postings may be made through third party platforms such as You Tube, Facebook connect and other third party service providers and you agree that those third party service providers are solely responsible for all their respective software, platforms, applications and services provided on their respective websites and applications (known as “apps”). You specifically agree that BandJamIt is not responsible for any Services as they relate to the apps. You agree you have read the Terms of You Tube (http://www.youtube.com/t/terms), Facebook (http://www.facebook.com/terms.php?ref=pf) and any other third party service provider and that and agree to those terms.
In order to access the Services, you must register and provide BandJamIt your name, age, and email address. You agree only to use the Services and access the Site via a secure transmission.
Once registered, you will choose your own unique user name and choose your own unique password in order to access the Services. You acknowledge and agree that (A) you alone are solely responsible for maintaining the confidentiality of your user name and password, and any other security measure BandJamIt initiates to protect and provide access to the Services, and (B) you are solely responsible for all activities occurring as a result of the use of your user name and password (such as but not limited to all damages or losses caused or arising by the use of your user name and password). Accordingly, BandJamIt will reasonably assume that any communication from your user name, accessed via your password, is originally from you or your authorized agent. You acknowledge and agree that BandJamIt has no responsibility if a third party uses your account information and acts under the Services or on the Site under a false name or someone's else name.
You acknowledge and agree that you are over the age of thirteen years old (or have had a parent or responsible adult register for you) and you will only register for the Services under your own name and information and will NOT register for the Services and use the Site under someone's else name or use someone's else personal information in your account or on your profiles (including but not limited to an email address, phone number or any other contact information). You acknowledge and agree that you will only post any Content or take an action whatsoever on the Site or use the Services under your name.
You acknowledge and agree that BandJamIt may communicate with you via the email address(es) you provide during registration and in your account. These communications may occur in connection with the Services, or in regard to surveys, requests for feedback, advertisements, or the like.
All text Content posted on the Site will be owned by BandJamIt once posted and you relinquish all rights to such Content and assign such rights and ownership to BandJamIt. You represent to BandJamIt that you own the copyrights, or have a valid license with the right to sublicense to BandJamIt for use with the Services, on all Content posted including but not limited to audio and video files. The administrators of the Site at BandJamIt have the absolute right but not obligation or responsibility to review the posted Content from ALL Users and remove any inappropriate posts and Content immediately without notifying the User. Without notification and for any reason whatsoever, BandJamIt may block Users and terminate your account if you submit inappropriate Content. Specifically, no User may populate the Site with inappropriate Content, including but not limited to illegal materials, obscene materials, hateful, derogatory, profane, irrelevant, pornographic materials, advertisements, threatening materials, defamatory materials, materials which are invasive of privacy, materials which are not owned by you or for which you do not have the right to use and distribute and display and perform, materials which may infringe a third party’s intellectual property rights, Content which is material to the commission or investigation of a crime or other illegal activity, or materials which contain software viruses or malicious material, serial numbers to commercial software products, or links to third-party websites containing such information. You agree to the limits of Content you may post on the Site.
BandJamIt is not responsible for Content posted by ANY User including but not limited to posted issues, comments, private messages, logos, graphics, pictures, photographs, images, video files or photos, button icons, personal information and details of account info.
As the Services are accessed via the internet, as with any such transmission and service, they are susceptible to hackers, hacker attacks and security breaches. It is your responsibility to ensure that the servers, computers, PDAs, mobile telephones and any other devices using the Services are in a secure environment with appropriate firewalls, database encryption, virus protection, security patches including windows update in place. BandJamIt is not liable for any loss of data or any other damages from security breaches, denial of service or other hacker or malicious attacks.
BandJamIt reserves the right to modify or discontinue the Services with or without notice to you. BandJamIt may temporarily or permanently terminate functionality of one or several parts of the Site without prior notification to you and BandJamIt disclaims and does not accept responsisbility for any problems resulting from such termination. BandJamIt shall not be liable to you or any third party should BandJamIt exercise its right to modify or discontinue the Services. You acknowledge and accept that if you use the Services or the Site, that BandJamIt does not guarantee continuous, uninterrupted or secure access to the Services or the Site and operation of the Services and the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control, including but not limited to your internet provider, and any other third party factors.
BandJamIt represents and warrants to you that (A) it is duly organized, validly existing and in good standing; (B) it has the full power and authority to enter into and perform this Agreement; (C) this Agreement does not conflict with any other agreement or obligation of BandJamIt; and (D) this Agreement is a legal, valid, and binding obligation of BandJamIt, enforceable in accordance with its terms.
You, as a User, represent and warrant to BandJamIt that (A) you are at least 13 years of age; (B) you have the power and authority to enter into and perform this Agreement; (C) this Agreement does not conflict with any other agreement or obligation you have; (D) this Agreement is a legal, valid, and binding obligation of you, enforceable in accordance with its terms; (E) your posts will (i) be accurate, (ii) not be intended to cause injury or emotional harm to any person or entity, (iii) not contain any infringing materials or Content, and (iv) be appropriate and not inappropriate (as discussed above); (G) you will NOT claim or request payment or any other form of compensation or consideration from BandJamIt or other Users in exchange for the Content provided by you on the Site; and (H) you accept absolute, full and final responsibility for all Content you post in the Site, for your account information and any and all postings on the Site.
The Services provided by BandJamIt on an “AS IS” and on an “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, BandJamIt makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Services or its Site in terms of its correctness, accuracy, reliability, ability or failure to operate as intended, or incomplete or incorrect information, or otherwise. BandJamIt shall have no liability for the use of the Services or its Site.
All Users who post Content will be solely responsible for their Content and all claims resulting from their Content, not BandJamIt.
BANDJAMIT DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SERVICES AND INFORMATION PROVIDED, INCLUDING BUT NOT LIMITED TO (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, CONDITION OF QUALITY, DESCRIPTION, OPERATION, ADEQUACY, TITLE, INTERFERENCE WITH USE OR ENJOYMENT OF USE, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE; (B) ANY AND ALL CONTENT, INCLUDING BUT NOT LIMITED TO INCORRECT, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, AND/OR (C) ANY THIRD PARTY CONDUCT, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR USER NAME, PASSWORD, ACCOUNT, TRANSMISSIONS OR DATA. FURTHER, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BANDJAMIT HAS NO LIABLITY FOR (A) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICES, (B) USER’S OR SELF-PROCLAIMED EXPERIENCED PERSON’S POSTINGS OR CONTENT AND/OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES, INCLUDING THOSE IN AN ACCURATE OR TIMELY MANNER.
You acknowledge that the Services may contain bugs, errors and other problems that could cause system failures or that the Services may not perform all functions for which it is intended or represented and the use of the Services is entirely at your sole risk.
Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may be inapplicable. Further, BandJamIt is NOT responsible for typographical errors or omissions of any kind. The information provided in the Services is provided for informational purposes only. You bear the entire risk of using the Services, including any Content on the BandJamIt Site. All materials and Content contained within the Services and the BandJamIt Site are subject to change, without notice.
BANDJAMIT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BANDJAMIT (ITS PARENTS, SUBSIDIAIRES, AFFILIATES, OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, CONTRACTORS AND AGENTS) SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICES, THE BANDJAMIT SITE OR THE INFORMATION AND CONTENT CONTAINED IN/ON IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BANDJAMIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE, HOWEVER, BANDJAMIT’S TOTAL LIABILITY TO YOU FOR BREACH OF ANY AND/OR ALL SUCH WARRANTIES SHALL BE LIMITED TO THE AMOUNT OF US$500.00.
You agree to indemnify and hold BandJamIt, its parents, subsidiaries, affiliates, members, managers, shareholders, officers and employees, agents, and contractors harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Services or the Site, the violation of this Agreement, or infringement by you, or other User of the Services using your email address, of any intellectual property or any other right of any person or entity.
The BandJamIt website is operated and provided in the Country of the United States of America. The Services and any claim related to the website are subject to the laws of the State of New York, and such laws will govern this Agreement, without giving effect to any choice of law rules. BandJamIt makes no representation that our Services, Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our Services and/or Site, you agree to do so subject to the internal laws of the State of New York.
Any action against BandJamIt in connection with this Agreement and the Services must be brought within twelve (12) months after the cause of action arises and we each agree will be brought only in the Courts located in New York, New York. In all events, we each waive trial by jury and waive any objection to venue. In any proceeding to enforce the terms hereof, the prevailing party shall be entitled to recovery of an attorney fee, in addition to other costs of suit.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Services or the Content in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All Content included or available on the BandJamIt Site or via the Services, including website and material design, text, graphics, interfaces, and the selection and arrangements thereof is “© 2011 BandJamIt, LLC” with all rights reserved, or is the property of BandJamIt and/or third parties protected by intellectual property rights. Any use of materials and/or Content on the Site or provided via the Services, including modification, distribution, derivative works, display, performance, copying or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BandJamIt, is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of BandJamIt.
The logo service marks, trademarks, and/or trade dress of BandJamIt are owned exclusively by BandJamIt. All other trademarks displayed on BandJamIt websites or your screen via the Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those companies, individuals or vendors (collectively “Vendors”). In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with BandJamIt. No license is granted herein for use of any service mark, trademark and/or trade dress of BandJamIt and/or owner.
Pursuant to Section 512(c) of the U.S. Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BandJamIt designates the following individual as its agent for receipt of notifications of claimed copyright infringement: firstname.lastname@example.org.
BandJamIt may discontinue the Services at any time without liability to you. Further, BandJamIt may terminate the Services to you if you (A) are in breach of this Agreement, (B) engage in any inappropriate, unlawful, illegal or immoral activity via the Services, or (c) use the Services in a way which, in our sole opinion, may tarnish or affect the reputation and/or goodwill of BandJamIt.
If you have any questions, comments, or concerns about this Terms of Service Agreement or the information collection practices of this site, please contact us via e-mail at: email@example.com and the Site administrator will reply by email within 72 hours. If you do not recive any notice from the Site administrator within the indicated time period you should contact us again.
BandJamIt reserves the right to modify, add or remove portions of this Terms of Service Agreement at its sole discretion. Any changes to this Terms of Service Agreement will be posted on this site and will become effective immediately on posting on the Site. Please check back periodically, and especially before you provide any personally identifiable information.