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For information regarding buying and selling experiences or other items using our Service and its commerce platform, please see our “Policies for Buyers and Sellers”, which are hereby incorporated by reference into these Terms.
THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND BANDPAGE, INC. (“BandPage”). BY USING THE SERVICE — WHETHER YOU ARE A CASUAL VISITOR TO THE SERVICE BROWSING THE PAGES CREATED BY OTHERS OR A BAND OR OTHER ENTITY USING THE SERVICE TO PROMOTE YOURSELF, YOUR BAND OR YOUR BUSINESS — YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE — AND ARE NOT AUTHORIZED TO USE — ALL OR ANY PORTION OF THE SERVICE.
The Service is offered by BandPage to enable you to market yourself and your business to your fans, people who should be your fans, and potentially all other users of the Internet. We give you significant control over how you can do this. The Service is highly customizable and evolving, and you can control how much or how little information and material you want to share with the world. You can make your music available for free or drive your fans to purchase your music through Third Party Sites. You can make certain content and information generally available to all users of the Service and limit other content and information to only select partners you designate. You decide. We are here to help you.
If you are using or opening an account on the Service on behalf of a company, entity or organization (including, but not limited to, a band) (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity.
Changes to these Terms. The Website and portions of the Service are owned and operated by BandPage. BandPage reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Website. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of these Terms. Your continued use of the Service after a revised version of these Terms has been posted by BandPage to the Website constitutes your binding acceptance of such revision and the revised Terms. Notwithstanding the preceding sentences of this Section 1.1, no revisions to these Terms will apply to any dispute between you and BandPage that arose prior to the date of such revision.
Evolving Nature of Service. The Service is continually under development and changes to the Service may be made at any time. If you disagree with the Terms or are in any way dissatisfied with the Service, we hope you will let us know by sending an e-mail to email@example.com, but your sole remedy is to discontinue your use of the Service.
Consideration. You understand and agree that these Terms are entered into in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
The Service is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you affirm that you are at least 18 years of age. BandPage does not seek through the Service to gather personal information from or about children under the age of 13.
You must exercise caution, good sense and sound judgment when using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at BandPage’s sole discretion. BandPage reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.
User Content. This section governs any material that you upload or transmit to or through the Service or to us through email outside of a Forum, including, without limitation, musical works, sound recordings, literary works, photographs, audiovisual works, artwork, comments, information regarding commerce offerings listed on the Service, and messages (collectively, “User Content”). For the avoidance of doubt, this includes User Content that may be uploaded to and/or accessed from third-party sites that may host all or any portion of your User Content, such as, by way of example and not limitation Facebook, YouTube, Vimeo, and SoundCloud (each a “Hosting Service” and, collectively, the “Hosting Services”). You are solely responsible for all User Content you submit to or through the Service, including sound recordings (and any musical works embodied therein) transmitted by you through the Service to any Hosting Services. You agree, represent, and warrant that any User Content you upload or transmit to or through the Service or to us through email is truthful, accurate, not misleading, and offered in good faith, and that you have all rights, licenses, permissions, and authorizations necessary to upload and transmit the User Content to and through the Service and grant the rights to the User Content as set forth in these Terms. You must not upload or transmit any User Content to or through the Service or to us through email that you consider to be confidential or proprietary or the rights to which have not been cleared by you. Except as otherwise expressly agreed to in a separate writing signed by you and an authorized representative of BandPage, or as otherwise specified in these Terms, any User Content uploaded or transmitted to or through the Service or to us via email will be considered non-confidential and non-proprietary, and treated as such by BandPage, and may be used by BandPage for any purpose or disclosed by BandPage to any third party with or without notice to you and without any liability to BandPage.
Reserved User Content. The Service may from time to time permit you to designate certain User Content for limited release and distribution. For example, you may wish to upload certain sound recordings or music videos to or through the Service that you want to be made available only to certain business partners for a limited time period before the content is made generally available to the public (e.g., an exclusive sneak preview or limited release window). Similarly, you may wish to provide certain content that is only available to promotional partners who are sponsoring a tour or working with you to promote a particular product or service. To the extent the functionality of the Service permits a user to distinguish between different types of User Content, the Service will permit you to designate such limited-use content (“Reserved User Content”) through a specially designated tab in your account page on the Service (the “Promotional Tab”). Only certain User Content can be designated as Reserved User Content, and any content improperly designated as Reserved User Content will be treated as User Content. Content that may not be designated as Reserved User Content will be identified through the Service. By way of example and not limitation, Reserved User Content may not include (a) general biographical information, (b) tour date information, and (c) discography information. Reserved User Content may include (x) music videos and (y) sound recordings. The grant of rights in Section 5.3 shall apply to all Reserved User Content; provided, however, that the third parties designated in a Promotional Tab to have access to Reserved User Content will be the only parties granted access to your Reserved User Content for the duration of the time period set by you in the Promotional Tab. The limitations set forth in this Section 5.4 may be subject to the terms of any Hosting Services on which any Reserved User Content may be uploaded, reproduced, or hosted (e.g., SoundCloud), or the terms of any Third Party Sites to which any Reserved User Content may be transmitted or distributed, and BandPage makes no representations and warranties with respect to any limitations that may be imposed on any Reserved User Content uploaded by you to a Hosting Service or transmitted or distributed to Third Party Sites.
Limitations on Grant of Rights to BandPage. Notwithstanding the grant of rights in Section 5.3, nothing contained in these Terms grants BandPage a right or license to: (a) sell phonorecords (e.g., CDs, LPs or digital downloads) of User Content unless you specifically authorize BandPage to sell phonorecords through an election made through your account, to the extent BandPage provides the functionality for the sale of content through the Service; (b) authorize third parties to incorporate any User Content (including Reserved User Content) in any audio-only or audiovisual commercials, television programs, movies or any similar audiovisual works; or (c) Use User Content to promote any other good or service other than you, your User Content, BandPage or the Service unless (i) you authorize BandPage to do so through a separate writing, click-through consent, opt-out mechanism, or opt-in mechanism in your user setting on the Service, or some other BandPage approved method (such approvals are, collectively, “Authorized Approval Methods”), or (ii) your User Content is Used to advertise, market, or promote you or your creative works, including, but not limited to, your association with or appearance at an event where you are scheduled to perform or appear or have performed or appeared as an artist, or are scheduled to be honored or have been honored as an artist. Nothing herein shall preclude BandPage from linking to any third party sites through which sales of phonorecords, audiovisual works, and other merchandise embodying your sound recordings, name, voice, image, etc. may be facilitated (e.g., Apple’s iTunes).
Waiver of Rights. By uploading User Content to or through the Service you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content (excluding only Reserved User Content). You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof, including, without limitation, your name, likeness, voice, image, and persona or any advertising or publicity relating thereto. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you upload to or through the Service, during the term of these Terms. You expressly release BandPage and all of BandPage’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content. Notwithstanding the preceding sentences of this Section 5.6, you should let us know immediately if you object to any uses of your User Content on or through the Service or in the promotion of the Service. We will consider all reasonable requests to terminate any Use that you find objectionable, but we shall have no liability to you for any Use authorized in these Terms.
Requirement that You Be an Owner of or Fully Authorized to Grant the Rights To User Content. If you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to upload or transmit to or through the Service, including to any Hosting Services or Third Party Sites, then you must not upload the User Content to or through the Service. In addition, if you only own the rights in and to a sound recording, for example, but not to the underlying musical works embodied in such sound recordings, then you must not upload such sound recordings to the Service unless you obtain all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to sublicense to BandPage according to these Terms. For example, cover songs are not permitted on the Service unless you have cleared all rights to the song covered by the artist/band.
Specific Rules for Musical Works. If you are a composer or author of a musical work and have affiliated with a PRO, then you must notify your PRO of the royalty free license granted by you to BandPage through these Terms. Each PRO has different rules with respect to providing notification for a direct license. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty free license set forth in these Terms or have such music publisher enter into these Terms with BandPage. Just because you authored a musical work (e.g., wrote a song) doesn’t mean you have the right to grant BandPage the licenses contained in these Terms.
Confirmation of Rights. BandPage reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in User Content you upload to or transmit through the Service. If you fail to provide us with such confirmation upon request, we reserve the right to remove or deny access to any or all of your User Content available on or through the Service and to suspend or terminate your account with BandPage. We will have no liability to you for any actions taken by us pursuant to this Section 5.9
Rights for Third Party Sites; Through-to-the-Audience Rights. Just to be clear, the rights granted by you in these Terms include the right of BandPage to Use User Content you upload or submit to or through the Service through the Site and Third Party Sites, such as Facebook, and all of the rights granted herein by you are provided on a through-to-the-audience basis, meaning the owners or operators of such Third Party Sites will not have any separate liability to you or any other third party (e.g., a PRO) for User Content uploaded to, transmitted, reproduced or publicly performed or displayed through the Service or such Third Party Sites, or otherwise made available to or through such Third Party Sites.
Portability of User Content. Once you upload or transmit User Content on or through the Service, you may be entitled to make your User Content available through Third Party Sites. We may from time to time offer Applications (including widgets and application programming interfaces) that you may place on Third Party Sites or that allow you to transmit or distribute your User Content to Third Party Sites. We may or may not permit you to limit the amount of your User Content available through such Applications, although Reserved User Content would not be made available through Applications unless authorized through your Promotional Tab.
Representations and Warranties with Respect to User Content. By uploading or transmitting User Content to or through the Service, you hereby represent and warrant to BandPage that (a) you have obtained all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to such User Content and (b) the Use of such User Content in a manner consistent with these Terms will not (i) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (ii) require BandPage or any Third Party Site on or through which the Service is made available to pay any fees of any kind to any third party, including, but not limited to, any sound recording copyright owner, any musical work copyright owner, any PRO (musical work or sound recording), any union, guild, non-featured vocalist or musician, engineer, producer, co-author, record royalty participant or any other person or entity, or any use or re-use fees for the Use of any sound recording or audiovisual work. In addition, by listing items, services or products for sale on the Service, you hereby represent and warrant to BandPage that you have obtained all rights, permissions, authorizations, licenses and clearances necessary for you to list and sell such items, services or products and such listings and sales will not infringe the rights of any third party, including copyright, trademark, patent or other intellectual property rights, such as rights of privacy or publicity.
WARNING: YOU MAY NOT UPLOAD TO OR THROUGH THE SERVICE, WHETHER IN WHOLE OR IN PART, ANY USER CONTENT FOR WHICH YOU DO NOT OWN, CONTROL OR HAVE EXPRESS WRITTEN AUTHORIZATION TO USE. IF YOU UPLOAD CONTENT OWNED BY A THIRD PARTY WITHOUT AUTHORIZATION OR AS OTHERWISE PERMITTED BY LAW, THEN YOU MAY BE SUBJECT TO LIABILITY TO THE THIRD PARTY OWNERS OF SUCH CONTENT AS WELL AS TO BANDPAGE. BANDPAGE MAY ASSIST THIRD PARTIES IN ENFORCING THEIR RIGHTS, WITHOUT ANY LIABILITY TO YOU. BANDPAGE MAY TERMINATE YOUR RIGHT TO USE THE SERVICE FOR A VIOLATION OF THIS SECTION.
Compliance with Applicable Laws and Regulations. You hereby agree to comply with all applicable laws and regulations. Without limiting the generality of the foregoing sentence, if you operate or control your own domain or website (whether such domain or website is hosted by BandPage or another online service provider) that utilizes any portion or feature of the Service (i.e., widgets, datafeeds, etc.) or otherwise incorporates any User Content provided to you through the Service, you may need to file an Interim Designation of Agent to Receive Notification of Claimed Infringement with the U.S. Copyright Office in accordance with Section 201.38 (37 C.F.R. 201.38) of the U.S. Copyright Office interim regulations available at http://www.copyright.gov/fedreg/1998/63fr59233.html. Please consult with your attorney or appropriate legal counsel to ensure your compliance with all applicable laws and regulations.
Other Inventions and Concepts. You further grant to BandPage a royalty free license throughout the universe to use, without any payment or accounting to you or any other third party, any concepts, know-how, ideas or inventions that you (and those who act on your behalf) upload or transmit to or through the Service or to us through email.
Log In Credentials. In order to use the Service you will have to register and log in using your Facebook credentials although we reserve the right to require or permit a separate, non-Facebook user name and password in our sole discretion. The Service permits multiple users to have access to the same account profile on the Service (e.g., an artist and the artist’s manager may both be granted access to the artist’s user profile). You are responsible for maintaining the confidentiality of your Facebook credentials in order to use the Service, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify BandPage immediately of any unauthorized use of your Facebook credentials or any other breach of security with respect to your account. You should also immediately notify Facebook of any unauthorized use of your credentials. BandPage will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying BandPage of such unauthorized use or loss of your credentials, including any changes made to the authorizations on your Promotional Tab, if any. Separate log in credentials may be required for Third Party Sites and Hosting Services by the owners and/or operators of such sites or services.
Accuracy of Information. You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by BandPage. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, BandPage reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
General. BandPage may provide Forums on which users of the Service may communicate with one another. Any violation by you of the following terms and conditions regarding your use of the Forums may result in the termination of your right to post messages to one or all Forums or to your use of the Service, in BandPage’s sole discretion and without any liability to you.
No Registration Required. You are not obligated to register in order to access and read messages posted to the Forums or to post a message to a Forum. However, if you choose to register for the Service before posting a message, you will be asked to disclose personal information (including your name and email address), and to select a screen name. Please keep in mind when choosing a screen name that whenever you post a message to a Forum, your screen name will automatically appear with your posted message, unless: (a) you check the box beside “Make Anonymous,” in which case your screen name will not appear with your posted message; or (b) you check the box beside “Mark as Private,” in which case your posted message will not appear on the Service, but will be available to us for viewing. BandPage may refuse to grant you, and you may not use, a screen name (or email address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, or is vulgar or otherwise offensive in BandPage’s sole discretion.
Information in Submitted Messages.
Limitations on Postings. You must exercise caution, good sense and sound judgment in submitting messages to be posted to a Forum. Think — and read twice — before you post anything to a Forum. Once something is posted it may live in perpetuity online, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. You are responsible for any User Content you include in a post, and assume all liability arising out of a post. You agree, represent, and warrant that any information and User Content you post is: truthful, accurate, not misleading and offered in good faith; not invasive of another’s privacy, abusive, threatening or obscene; and not infringing upon the copyright, trademark, patent or other intellectual property rights of others. You further agree, represent, and warrant that you have the right to post or transmit such information or User Content and to grant the rights set forth in these Terms. The content of such information, whether publicly posted or privately transmitted, is your sole responsibility.
No Confidentiality. You must not post any material to a Forum that you consider to be confidential or proprietary. Any messages or User Content that you post in a Forum will be considered non-confidential and non-proprietary, and treated as such by BandPage, and may be used by BandPage and others for any purpose with or without notice to you.
Removal of Forum Postings. You may remove any of your messages posted to a Forum at any time by sending an email to firstname.lastname@example.org, and requesting that the particular message be removed; provided, however, that the removal of a message from a Forum will not ensure the deletion of your message from computer servers owned or operated by or on behalf of BandPage or the removal of your message from the files of any third parties who may have copied or further distributed your messages. As such, your message may continue to be made publicly accessible indefinitely by such third parties.
License Grant for Forum Postings. You own and retain any copyright you may have in any message you post to a Forum. Nevertheless, by posting a message to a Forum, you automatically grant BandPage a royalty free, perpetual, irrevocable, assignable, non-exclusive license throughout the universe to Use your message (or any portion thereof, including an edited version) alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, with or without attribution to you. You further grant end users of the Service a royalty free license to Use your messages solely for personal, non-commercial Uses without the need for attribution. You further grant BandPage a royalty free, perpetual, irrevocable, assignable, non-exclusive license throughout the universe to any concepts, know-how, ideas or inventions that you post to a Forum.
Monitoring User Submissions; Removal of Forum Postings.
Right of Removal. BandPage does not control User Content or Forum postings (together, “User Materials”) and does not have any obligation to monitor such User Materials for any purpose. Further, BandPage has no obligation to permit User Materials to be made available on or through the Service. BandPage may choose, in its sole discretion, to monitor, review, or otherwise access some or all User Materials, but by doing so BandPage nonetheless assumes no responsibility for the User Materials, no obligation to modify or remove any inappropriate User Materials, or to monitor, review, or otherwise access other User Materials, and BandPage assumes no responsibility for the conduct of the third party or user submitting or transmitting any User Materials to or through the Service. You acknowledge that BandPage may or may not pre-screen User Materials, and that BandPage and its designees shall have the right (but not the obligation), in their sole discretion, to pre-screen, refuse, or remove any User Materials that are available on or through the Service. Without limiting the foregoing, BandPage and its designees may, at any time and without prior notice, remove any User Materials that, in the sole judgment of BandPage, violate these Terms, are otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you will evaluate, and bear all risks associated with the use of any User Materials or other content available on or through the Service, including any reliance on the accuracy, completeness, usefulness or legality of such User Materials or other content. You should exercise good judgment before downloading any User Materials as BandPage makes no representations or warranties with respect to any User Materials made available on or through the Service.
Reporting of User Materials. If you locate any User Materials on or through the Service that you find offensive or objectionable, you may report such User Materials to BandPage by sending an email to email@example.com. BandPage reserves the sole right, but not the obligation, to remove any message that it deems inappropriate in its sole and absolute discretion and without any liability to you. If you believe any User Materials are infringing of your intellectual property rights, please report such User Materials pursuant to Section 17 of these Terms.
No Endorsement. BandPage does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any messages posted to a Forum. The opinions expressed in any Forum posting are to be attributed solely to the person or entity that posted such message. Any reliance you place on material or information set forth in a posted message will be at your own risk.
In using the Service, you agree not to:
Create a false identify or impersonate another person or entity in any way;
Upload or otherwise transmit to or through the Service any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in User Materials;
Upload or otherwise transmit to or through the Service any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Service or computers of any kind;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
Restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person or collect information about users of the Service;
Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by BandPage;
Gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
Reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Service, use of the Service, access to the Service or content obtained through the Service, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without BandPage’s express written consent:
Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service or any content on the Service, or features that enforce limitations on the use of the Service or any content on the Service;
Use any scraper, spider, robot or other automated means of any kind to access the Service, except and solely to the extent permitted by these Terms and the features of the Service, deep-link to any feature or content on the Service, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
Interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers;
Violate any applicable federal, state or local laws or regulations or these Terms; or
Assist or permit any persons in engaging in any of the activities described above.
YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU MAY BE EXPOSED TO MESSAGES AND USER CONTENT FROM A VARIETY OF SOURCES, AND THAT BANDPAGE IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER MATERIALS THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST BANDPAGE WITH RESPECT THERETO. UNDER NO CIRCUMSTANCES WILL BANDPAGE BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY USER MATERIALS, INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY USER MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER MATERIALS POSTED, EMAILED, UPLOADED OR OTHERWISE DISPLAYED, PERFORMED OR TRANSMITTED VIA THE SERVICE. BY ACCESSING OR USING ANY USER MATERIALS TRANSMITTED ON OR THROUGH THE SERVICE, YOU WAIVE ANY AND ALL CLAIMS AGAINST BANDPAGE THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO SUCH USER MATERIALS.
Generally. The content made available on or through the Service, including without limitation, any text, software, graphics, photos, sounds, music, videos, games and interactive features, but excluding User Materials, may be protected by copyright or other intellectual property rights and owned by BandPage or third party licensors of BandPage. No material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one item of each User Material to any single computer or mobile device for your personal, noncommercial use and produce one printed copy for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices, and provided that such User Material is not identified as being restricted from the right granted in this sentence or protected by technological measures intended to prohibit such downloading or printing, in which case the right granted in this sentence is null and void with respect to such User Material. Modification of materials obtained from the Service, including, but not limited to, User Materials, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of BandPage or its licensors, unless you have obtained express written authorization to the contrary. Permission for all other uses of materials on or obtained through the Service, including reproducing and distributing multiple copies, or linking to any page of the Service (excluding our “home pages” at http://www.BandPage.com or http://www.bandpage.com and any other pages that we host for you or our other customers) must be obtained from BandPage in advance and in writing. Requests for such authorization should be submitted via an email to firstname.lastname@example.org. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to BandPage.
Trademarks. All trademarks, service marks, logos and trade names on the Service, whether registered or unregistered, are proprietary to BandPage or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
No Implied Rights. There are no implied licenses granted in these Terms.
As you use the Service you may notice links to Third Party Sites and Hosting Services. These links are for convenience only. If you use these links, you will leave the Service. Certain of these Third Party Sites and Hosting Services may make use of BandPage proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from BandPage. BandPage is not responsible for the availability or content of these Third Party Sites or Hosting Services, or for any viruses or other damaging elements encountered in linking to a Third Party Site or Hosting Service, whether or not BandPage is affiliated with the owners of such Third Party Sites or Hosting Services. In addition, the provisioning of links to Third Party Sites and Hosting Services is not an endorsement or approval by BandPage of the organizations owning, operating or sponsoring such Third Party Sites or Hosting Services, or their products or services. These Terms do not apply to Third Party Sites and Hosting Services, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, Hosting Services, applications, software or services. Notwithstanding the immediately preceding sentence, the use of any portion or feature of the Service available on or through a Third Party Site or Hosting Service will continue to be subject to these Terms.
YOU AGREE THAT BANDPAGE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR HOSTING SERVICE, OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY ADVERTISING ON THE SERVICE.
You agree to indemnify, defend, and hold harmless BandPage and its parent, subsidiaries, affiliates, investors, partners, sublicensees or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, contractors, and assigns and other BandPage users who use any User Materials you upload to or make available on or through the Service, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (1) your use or misuse of the Service; (2) your User Material, including BandPage’s or any user’s Use of your User Material consistent with these Terms; (3) your breach or other violation of these Terms including any representations, warranties and covenants herein; or (4) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Material or commerce offering infringes or violates any third-party intellectual property rights or other proprietary rights, including any claims for the payment of so-called mechanical royalties, synchronization royalties, master use royalties, public performance royalties, or any other royalties claimed by any owner or other party claiming any right in or to all or any portion of any User Material uploaded or transmitted by you on or through the Service or commerce offerings sold or marketed through the Service. Notwithstanding the foregoing, BandPage reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BandPage if BandPage, in its reasonable discretion, concludes that you are not adequately protecting BandPage’s interests or are incapable of protecting BandPage’s interests, and you agree to cooperate with BandPage’s defense of these claims. You agree not to settle any matter without the prior written consent from BandPage. BandPage will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SERVICE, USER MATERIALS, AND ANY THIRD-PARTY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH OR IN RELATION TO THE SERVICE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BANDPAGE AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BANDPAGE, AN EMPLOYEE OR REPRESENTATIVE OF BANDPAGE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. BANDPAGE AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE OR ANY ASSOCIATED SITES OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
IN NO EVENT WILL BANDPAGE OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE OR ANY CONTENT (INCLUDING USER CONTENT) MADE AVAILABLE THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF BANDPAGE OR ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BANDPAGE OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (1) ONE HUNDRED DOLLARS OR (2) THE AMOUNT OF FEES YOU HAVE PAID BANDPAGE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BANDPAGE, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BANDPAGE, BANDPAGE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT BANDPAGE WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
Term. These Terms, as amended, will be effective commencing with your first use or registration of the Service and will remain in full force and effect throughout your use of the Service.
Termination by BandPage. BandPage may terminate your use of the Service or any of our features or services at any time and for any reason, with or without notice, for conduct violating these Terms or upon BandPage’s sole determination. You hereby agree to BandPage’s broad right of termination. Upon any such termination, you must destroy all materials obtained from the Service and all copies thereof, including any copies downloaded by you for your personal, noncommercial use. You agree that if your use of the Service is terminated pursuant to these Terms, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. Upon BandPage’s termination of your use of the Service, BandPage may delete any of your User Materials available on or through the Service and terminate your access to your User Materials if those materials remain on the Service, without any liability to you.
Termination by You.
You are free to terminate your use of the Service at any time. You can simply choose to stop visiting or using any aspect of the Service. If you wish to terminate your account on the Service, you may do so by sending an e-mail to email@example.com or using any other account termination functionality that may be offered through the Service. For example, we may develop a functionality that permits you to click on a termination button on your profile page on the Website. The deletion of your account will not, however, remove all of your User Materials from the Service unless you also make a specific election to remove your User Materials from the Service. Although we give you the option to delete all of your User Materials from the Service, you are free to keep previously uploaded or posted User Materials on the Service (including Reserved User Content) for an unlimited period of time, subject to a change to these Terms. If you are a band, keeping your User Content on the Service even after you close your account may permit your fans to have continued access to your music. And who knows, with any luck you’ll decide to reactivate your account. If you do choose to keep User Materials on the Service following termination, these Terms will continue to apply in full force and effect for so long as such materials are available on or through the Service.
Notwithstanding Section 16.3(a), you hereby grant BandPage the right to retain all User Materials on BandPage’s servers for a period of not more than 30 days following a request to terminate a user account and/or delete User Materials from the Service so that you can change your mind and not feel as though you made a big mistake or in the event two or more individuals having administrative rights to a user account on the Service (e.g., a band profile) cannot agree on whether to terminate an account on the Service and/or remove all User Materials from the Service. In the event that there is a request to terminate a user account and/or delete User Materials from a user account for which more than one person has administrative rights for such account, an e-mail notice will be sent to all users having administrative rights for such account notifying them of the request of at least one administrative user to terminate the account and/or delete all User Materials associated with such account. All other administrative users shall thereafter have 30 days within which to object to the request to terminate such account and/or delete User Materials. If no action is taken by another user holding administrative rights to an account within such 30-day period, the account shall be terminated and all User Materials will be deleted from the Service unless an election is made pursuant to Section 16.3(a) to retain User Materials on the Service notwithstanding the termination of a user account. If, however, any user having administrative rights for such account objects to the termination of such account and/or the deletion of User Materials within the 30-day notice period, then such account shall not be terminated and the users holding administrative rights should resolve amongst themselves the question of whether a user account should be terminated and/or User Materials deleted from the Service. In the absence of an agreement among users holding administrative rights to the same account, the user account shall remain active and all User Materials shall remain on the Service absent an order from a court of competent jurisdiction to the contrary. A user should therefore be careful before giving others administrative rights to an account.
BandPage respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
BandPage’s intellectual property policy is to (1) remove material that BandPage believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (2) remove any User Content posted to the Service by “repeat infringers.” BandPage considers a “repeat infringer” to be any user that has uploaded User Content to the Service and for whom BandPage has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. BandPage has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon BandPage’s own determination.
Procedure for Reporting Claimed Infringement.
If you believe that any content made available on or through the Service has been Used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BandPage to locate the material;
Information reasonably sufficient to permit BandPage to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Designated Agent Contact Information. BandPage’s Designated Agent for notices of claimed infringement can be contacted at:
901 Cherry Ave.
San Bruno, CA 94066
Fax: +1 650 872 8513
Phone: +1 650 214 3010
Copyright notice form: https://www.youtube.com/copyright_complaint_form
If you receive a notification from BandPage that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide BandPage with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to BandPage’s Designated Agent through one of the methods identified in Section 17.4, and include substantially the following information:
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which BandPage may be found, and that the subscriber will accept service of process from the person who provided notification under Section 17.3 above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [BandPage] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
BandPage reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section 17 should be sent to the Designated Agent at firstname.lastname@example.org or to the postal address identified above. Any other comments, compliments, complaints or suggestions about BandPage, the operation of the Service or any other matter should be sent to email@example.com.
The Site and the Service are controlled and operated by BandPage from its offices within the State of California. BandPage makes no representation that materials on the Site or through the Service are appropriate or available for use in other locations. Those who choose to access or use the Service from other locations, including from outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND BANDPAGE AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to BandPage, to you via any other method available to BandPage, including via e-mail. The Notice to BandPage should be addressed to: BandPage, Inc., 334 Brannan Street, San Francisco, CA 94107, Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and BandPage do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or BandPage may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against BandPage, then BandPage will promptly reimburse you for your confirmed payment of the filing fee upon BandPage’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and BandPage agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No Class Actions. YOU AND BANDPAGE AGREE THAT YOU AND BANDPAGE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
These Terms and your use of the Service shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and BandPage under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and you and BandPage hereby submit to the personal jurisdiction and venue of these courts.
Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which BandPage seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by BandPage or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against BandPage, including with respect to any User Materials, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
Claims. You and BandPage agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Improperly Filed Claims. All claims you bring against BandPage must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, BandPage may recover attorneys' fees and costs up to $5,000, provided that BandPage has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of BandPage to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BandPage without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BandPage as a result of these Terms or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and BandPage other than pursuant to these Terms.
Survival. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms, including, but not limited to, Sections 4 (Service Security), 5 (Materials Submitted to the Service; License Grant from You to BandPage), 7.5 (License Grant for Forum Postings), 8 (Other Prohibited Activities), 9 (Disclaimer of User Materials), 10 (Intellectual Property Rights), 11 (Links to Third Party Sites), 12 (Indemnity), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Limitations; Basis of the Bargain), 18 (Privacy), 20 (Dispute Resolution), and 21 (Miscellaneous).
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and BandPage relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by BandPage as authorized in these Terms.
Disclosures. The services hereunder are offered by BandPage, Inc., located at 334 Brannan Street, San Francisco, CA 94107. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.