1. Your Acceptance
3. Intellectual Property Rights, Copyrights, and Trademarks
The content on bandmonster.com, including the text, graphics, and photos created by and for Bandmonster are owned by or licensed to Bandmonster, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on bandmonster.com is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Bandmonster or as expressly provided herein.
In your use of and interactions with Bandmonster, you may not reproduce, modify, distribute, or post in any way any copyrighted material belonging to others, without obtaining their prior written consent.
4. Rules of Conduct
The following rules of conduct apply to your use of bandmonster.com and to any and all materials (including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material) whether the material is included in emails, blogs, discussion groups, profiles, comments, or any other portion or feature of bandmonster.com. Bandmonster.com has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for bandmonster.com production.
You may not upload, post, email or otherwise transmit any material that:
- is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- harm minors in any way;
- solicit personal information from anyone under 18;
- provide false or deceptive information;
- promotes software or services that deliver unsolicited e-mail; or contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with Bandmonster’s express advance authorization or in a specially designated area, use bandmonster.com to:
- Upload, post, email or otherwise transmit any material that provides any telephone numbers, street addresses, last names, URLs or email address;
- use bandmonster.com content to engage in commercial activities;
5. Website Access
In order to access some features of bandmonster.com, you will have to create an account. You are not allowed to use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify Bandmonster of any unauthorized use of your password or account or any other breach of security. Bandmonster cannot and will not be liable for any loss or damage arising from your failure to comply.
You agree not to collect or use any personal information including account names, email addresses, or other user submissions , from bandmonster.com, nor use the communication systems provided by bandmonster.com for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of bandmonster.com.
6. Modifications to the Website
Bandmonster reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, bandmonster.com (or any part thereof) with or without notice. Bandmonster shall not be liable to you or to any third party for any modification, suspension or discontinuance of bandmonster.com.
8. Limitation of Liability
In no event shall Bandmonster, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Bandmonster, be liable for any direct, indirect, incidental, special, punitive, or consequential damages, losses, or expenses whatsoever resulting from any (a) failure of performance, errors, mistakes, inaccuracies, defect, or delay in operation or transmission; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of bandmonster.com; (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from our website; (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via bandmonster.com, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, losses, or expenses.
Bandmonster shall not be liable for user submissions or for any defamatory, offensive, or illegal conduct of any third party.
Bandmonster.com will be responsible for acting only on those instructions sent to bandmonster.com that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Bandmonster.com is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Bandmonster.com is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained on bandmonster.com, including text, graphics, links or other items, are provided AS IS. Bandmonster.com does not warrant the accuracy, adequacy or completeness of the information and materials on bandmonster.com and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.