Bandmonster Terms of Use

1. Your Acceptance

Bandmonster and bandmonster.com provides service to you subject to the following Terms of Use. You understand that by using bandmonster.com, you have agreed to the Terms of Use and you agree to use bandmonster.com solely as provided in this agreement.

These Terms of Use apply to all users of bandmonster.com, including users who contribute information, ideas, and other materials or services on bandmonster.com. Bandmonster.com may contain links to third party websites that are not owned or controlled by Bandmonster. Bandmonster has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using bandmonster.com, you specifically release Bandmonster from any and all liability arising from your use of any third-party website.

2. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

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;
  • delete, add or otherwise change other people’s entries or other content when you have not been granted the privileges to do so, or allow usage by others in such a way as to violate Bandmonster’s Terms of Use.

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.

By registering with Bandmonster, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using bandmonster.com. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Bandmonster suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using bandmonster.com.

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.

7. Termination

Bandmonster may, under certain circumstances and without prior notice, terminate your User Account and/or access to any Bandmonster services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use, other incorporated agreements, or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; (f) engagement by you in fraudulent or illegal activities; and/or (g) nonpayment of any fees owed by you in connection with bandmonster.com or any other Bandmonster product. You agree that all terminations for cause shall be made in Bandmonster’ sole discretion and that Bandmonster shall not be liable to you or any third party for any termination of your account, any associated email address, or access to 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.

No advice or information, whether oral or written, obtained by you from Bandmonster or through or from the service shall create any warranty not expressly stated in the terms of use.

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.

9. Indemnity

You agree to defend, indemnify and hold harmless Bandmonster, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Bandmonster, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from and related to your use of bandmonster.com and Bandmonster's services, your violation of any term of these Terms of Use, your violation of any third party right, including without limitation any copyright, property, or privacy right, or any claim that one of your user submissions caused damage to a third party.

10. Violations of These Terms of Use

Please contact us to report any violations of the Terms of Use, including objectionable User Posts or behavior. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Bandmonster will take such action as Bandmonster determines to be appropriate.

11. Updates to Terms of Use

Terms of Use updated August 11, 2009.

 


ORDER NOW
1-800-310-7393

Can I order if I'm not in the music industry?
Yes! We want your business! Everyone is welcome to our low prices and great service! Learn more.


cart View Cart