CAREFULLY READ THESE
TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED
SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS
AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
Use of Materials Found on the Website: The information, artwork,
text, video, audio, pictures, software and other intellectual property
(collectively, "Materials") contained on the Website are
protected by copyright and international laws. You may only access
and use the Materials for personal or educational purposes or as
expressly provided for in applicable i-Bands program terms and conditions.
You may not otherwise reproduce, distribute, publicly perform, publicly
display, modify or create derivative works of the Materials, unless
authorized by the appropriate copyright owner(s). In the event that
you print Materials found on the Website, you must include any copyright
notice originally included with the Materials on all copies. You
may not link directly to any media file located on a i-Bands server,
except where explictly allowed to do so. You should not attempt
to claim any Materials as your own work. Any computer software downloadable
or otherwise available on the Website is provided subject to the
terms of the applicable license agreement. Before using any i-Bands
logo or trademark, please contact i-Bands.
Copyright and Trademark Infringement Policy and Notification
Procedure: i-Bands does not own the musical compositions,
sound recordings, art or other written or visual images (collectively,
the "Content") posted by third parties to the Website.
All Content is posted by an individual, group or company (collectively,
the "Artist") who has represented and warranted to i-Bands
that, among other things, neither the Content nor the names, trademarks
and service marks under which Content is promoted (collectively,
the "Name") infringes any third party's copyright, patent,
trademark, trade secret or other proprietary rights, rights of publicity
or privacy, or moral rights.
Since i-Bands is not in a position
to determine who has the prevailing claim to use any particular
Content or Name posted to the Website, its policy on such matters
is that they be resolved directly by the parties alleging misuse
of their Content and/or Name (the "Complainants") and
the Artists. We recommend that Complainants immediately notify Artists
about allegations of infringement by going to the Artist's page
on the Website, clicking the Contact link and contacting the Artist
directly. It has been i-Bands's experience that most Artists are
honest and responsible citizens who may not realize they are engaged
in infringing activities. Typically, once notified of a claim, Artists
voluntarily cease using such infringing Content and/or Name on the
Website and elsewhere.
Complainants may notify i-Bands
concerning any Content and/or Name being used on the Website in
violation of their rights by sending an email to admin@i-Bands.net.
i-Bands only shall use information provided by Complainants in accordance
with its then-current Privacy Policy and as reasonably necessary
to address any allegations contained therein, which may include
disclosing some or all of the information to Artists. In most cases,
soon after receiving written notice alleging infringement, i-Bands
either will remove the allegedly infringing Content and/or Name
from those web pages identified or, at its election, remove those
web pages.
Your Conduct: You shall use the Website for lawful
purposes only. You shall not post or transmit via the Website any
material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without i-Bands's express prior approval,
contains advertising or any solicitation with respect to products
or services.
In addition, if we feel that
a user abuses the i-Bands site in any way, we reserve the right
to share certain information with third parties. Abuses include
(but are not limited to) posssible copyright infringement, possible
libel and slander, possible credit card fraud.
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE
OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE,
MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. i-Bands MAKES NO REPRESENTATIONS
OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN,
WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY
ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE
OF TRADE. IN ADDITION, i-Bands MAKES NO REPRESENTATION THAT THE
OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. i-Bands
WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR
ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION
OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE
AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS,
AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE,
INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL i-Bands
BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION
OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE
CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER
OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES,
SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING
CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY
LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability. By availing yourself of the Website, Materials
or related services, you agree to release and hold i-Bands and the
employees, officers, directors, shareholders, agents, representatives
of i-Bands, its affiliates, subsidiaries, advertising, promotion
and fulfillment agencies, any entity controlling, controlled by
or under common control with i-Bands, any third-party providers
or sources of information or data and legal advisers (collectively,
"i-Bands Affiliates") harmless from any and all losses,
damages, rights, claims and actions of any kind arising from or
related to the Website, Materials or related services including
but not limited to: (a) telephone, electronic, hardware or software,
network, Internet or computer malfunctions, failures or difficulties
of any kind; (b) failed, incomplete, garbled or delayed computer
transmissions; (c) any condition caused by events beyond the control
of i-Bands that may cause the Website or related services to be
disrupted or corrupted; (d) any injuries, losses or damages of any
kind arising in connection with or as a result of your use of the
Website, Materials or related services; or (e) any printing or typographical
errors in any materials associated with the Website, Materials or
related services. In addition, you agree to defend, indemnify and
hold i-Bands Affiliates harmless from any claim, suit or demand,
including reasonable attorney's fees, made by a third party due
to or arising out of your utilizing the Website, Materials or related
services, your violation or breach of these Terms and Conditions,
your violation of any rights of a third party, or any other act
or omission by you.
IN NO EVENT WILL i-Bands.NET BE LIABLE FOR ANY INDIRECT,
STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS
OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING,
INCLUDING NEGLIGENCE), EVEN IF i-Bands WAS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
General Provisions: You agree to comply with all
applicable laws regarding the transmission of technical data exported
from the country in which you reside. Your correspondence or business
dealings with, or participation in promotions of or with parties
found on or through the Website, including payment and delivery
of related goods or services, and any other terms, conditions, warranties
or representations applicable to such dealings, are solely between
you and such parties. If any provision of these Terms Of Use is
held to be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced. i-Bands's failure
to act with respect to a breach by you or others does not waive
its right to act with respect to subsequent or similar breaches.
These Terms of Use set forth the entire understanding and agreement
of the parties as to the subject matter hereof and supersede all
prior proposals, discussions or agreements with respect thereto.
A printed version of these Terms of Use and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms of Use to the
same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
Modification of Terms and Conditions: From time
to time i-Bands may modify these Terms Of Use in its sole discretion.
When such modification is made, i-Bands will post a revised version
of these Terms of Use on the Website. Modifications will be effective
when they are posted. i-Bands is not required to provide you with
notification that any such modification has been made. It is your
responsibility to review these Terms of Use from time to time to
be aware of any such modifications. Each time you log on to the
Website, you will be deemed to have accepted any such modifications.