This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the BandandCrew.com Services. By using the BandandCrew.com Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the BandandCrew.com Website) or you are a “Member” (which means that you have registered with BandandCrew.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the BandandCrew.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the BandandCrew.com Website and discontinue use of the BandandCrew.com Services immediately. If you wish to become a Member, communicate with other Members and make use of the BandandCrew.com Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes BandandCrew.com’s policy for acceptable use of the BandandCrew.com Services and Content posted on the BandandCrew.com Website, your rights, obligations and restrictions regarding your use of the BandandCrew.com Services and BandandCrew.com’s Privacy Policy. In order to participate in certain BandandCrew.com Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the BandandCrew.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@BandandCrew.com, Subject: Terms of Use Agreement.
BandandCrew.com may modify this Agreement from time to time and such modification shall be effective upon posting by BandandCrew.com on the BandandCrew.com Website. You agree to be bound to any changes to this Agreement when you use the BandandCrew.com Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
BandandCrew.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the BandandCrew.com Services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility. Use of and Membership in the BandandCrew.com Services is void where prohibited. By using the BandandCrew.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the BandandCrew.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
Term. This Agreement shall remain in full force and effect while you use the BandandCrew.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. BandandCrew.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
Fees. You acknowledge that BandandCrew.com reserves the right to charge for the BandandCrew.com Services and to change its fees from time to time in its discretion. If BandandCrew.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BandandCrew.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members. The BandandCrew.com Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BandandCrew.com. Illegal and/or unauthorized use of the BandandCrew.com Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email is prohibited.
You represent and warrant that: (i) you own the Content posted by you on or through the BandandCrew.com Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the BandandCrew.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the BandandCrew.com Services.
The following is a partial list of the kind of activity that is illegal or prohibited on the BandandCrew.com Website and through your use of the BandandCrew.com Services. BandandCrew.com reserves the right to investigate and take appropriate legal action against anyone who, in BandandCrew.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- Advertising to, or solicitation of, any Member to buy or sell any products or services through the BandandCrew.com Services. It is also a violation of these rules to use any information obtained from the BandandCrew.com Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
- Attempting to impersonate another Member or person;
- Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- Using any information obtained from the BandandCrew.com Services in order to harass, abuse, or harm another person;
- Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the BandandCrew.com Services on behalf of that person, such as placing commercial content on your profile, or
- Using the BandandCrew.com Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BandandCrew.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to BandandCrew.com by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the BandandCrew.com Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the BandandCrew.com Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. BandandCrew.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, BandandCrew.com, Inc., 39 W. 14th St. New York, NY (212) 620-3849; Attn: Copyright Agent; and email: copyrightagent@BandandCrew.com
Member Disputes. You are solely responsible for your interactions with other BandandCrew.com Members. BandandCrew.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy. Use of the BandandCrew.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. BandandCrew.com is not responsible for any incorrect or inaccurate Content posted on the BandandCrew.com Website or in connection with the BandandCrew.com Services, whether caused by Users of the BandandCrew.com Services or by any of the equipment or programming associated with or utilized in the BandandCrew.com Services. Profiles created and posted by Members on the BandandCrew.com Website may contain links to other websites. BandandCrew.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BandandCrew.com. Inclusion of any linked website on the BandandCrew.com Services does not imply approval or endorsement of the linked website by BandandCrew.com. When you access these third-party sites, you do so at your own risk. BandandCrew.com takes no responsibility for third party advertisements, which are posted on this BandandCrew.com Website or through the BandandCrew.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. BandandCrew.com is not responsible for the conduct, whether online or offline, of any User of the BandandCrew.com Services. BandandCrew.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BandandCrew.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BandandCrew.com Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the BandandCrew.com Services. Under no circumstances shall BandandCrew.com be responsible for any loss or damage, including personal injury or death, resulting from use of the BandandCrew.com Services, attendance at a BandandCrew.com event, from any Content posted on or through the BandandCrew.com Services, or from the conduct of any Users of the BandandCrew.com Services, whether online or offline. The BandandCrew.com Services are provided “AS-IS” and as available and BandandCrew.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BandandCrew.com cannot guarantee and does not promise any specific results from use of the BandandCrew.com Services.
Limitation on Liability. IN NO EVENT SHALL BANDANDCREW.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BANDANDCREW.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BANDANDCREW.com’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BANDANDCREW.com FOR THE BANDANDCREW.COM SERVICES DURING THE TERM OF MEMBERSHIP.
Disputes. If there is any dispute about or involving the BandandCrew.com Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either BandandCrew.com or you may demand that any dispute between BandandCrew.com and you about or involving the BandandCrew.com Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent BandandCrew.com from seeking injunctive relief in a court of competent jurisdiction.
Other. This Agreement is accepted upon your use of the BandandCrew.com Website or any of the BandandCrew.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BandandCrew.com regarding the use of the BandandCrew.com Services. The failure of BandandCrew.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BandandCrew.com is a trademark of BandandCrew.com, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.