BestNewBands.com (TM) is a music/social networking service that allows Visitors and Members to view and comment on it’s original content, upload and/or view music videos and create unique personal profiles online in order communicate with other Visitors or Members. The services offered by BestNewBands.com ("We") include the BestNewBands.com website ("BestNewBands.com website") and any other features, content, or applications offered from time to time by BestNewBands.com in connection with the BestNewBands.com website. BestNewBands.com is hosted in the U.S.
BestNewBands.com may modify this Agreement from time to time and such modification shall be effective upon posting notification on the BestNewBands.com Website . You agree to be bound to any changes to this Agreement when you use the BestNewBands.com website 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.
Please choose carefully the information you post on the BestNewBands.com website and that you provide to other Users. Your profile posted on the BestNewBands.com website may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Visitors or Members of the BestNewBands.com Website may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and BestNewBands.com assumes no responsibility or liability for this material. If you become aware of misuse of the BestNewBands.com website by any person, please contact BestNewBands.com.
BestNewBands.com reserves the right, in its sole discretion, to reject, refuse to post or to remove any posting (including private messages) by you; or to restrict, suspend, or terminate your access to all or any part of the BestNewBands.com website at any time, for any or no reason, with or without prior notice, and without liability. BestNewBands.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the BestNewBands.com website if BestNewBands.com determines, in its sole discretion, that you pose a threat to BestNewBands.com and/or its Users.
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on BestNewBands.com and through your use of the BestNewBands.com website. BestNewBands.com reserves the right to investigate and take appropriate legal action against anyone who, in BestNewBands.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the BestNewBands.com website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the BestNewBands.com website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BestNewBands.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BestNewBands.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the BestNewBands.com website, you acknowledge that you will have caused substantial harm to BestNewBands.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BestNewBands.com $100 for each such unsolicited email or other unsolicited communication you send through the BestNewBands.com website;
3. covering or obscuring the banner advertisements on your personal profile page, or any page of the BestNewBands.com website, via HTML/CSS or any other means;
4. any automated use of the system;
5. interfering with, disrupting, or creating an undue burden on the BestNewBands.com website or the networks or services connected to the BestNewBands.com website;
6. attempting to impersonate another User or person;
7. copying the code for your BestNewBands.com Player and embedding it into other profiles or asking other Members to embed it into their profiles;
8. using the name, account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
9. selling or otherwise transferring your profile;
10. using any information obtained from the BestNewBands.com website in order to harass, abuse, or harm another person;
11. 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 BestNewBands.com on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins or comments with a commercial purpose, or sending private messages with a commercial purpose; or
12. using the BestNewBands.com website in a manner inconsistent with any and all applicable laws and regulations.
10. User Disputes. You are solely responsible for your interactions with other Users of the BestNewBands.com website. BestNewBands.com reserves the right, but has no obligation, to monitor disputes between you and other Users.
12. Disclaimers. BestNewBands.com is not responsible for any incorrect or inaccurate Content posted on the BestNewBands.com website, whether caused by Users of the BestNewBands.com website or by any of the equipment or programming associated with or utilized in the BestNewBands.com website. Content created and posted by Users on the BestNewBands.com website may contain links to other websites. BestNewBands.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 BestNewBands.com. Inclusion of any linked website on the BestNewBands.com website does not imply approval or endorsement of the linked website by BestNewBands.com. When you access these third-party sites, you do so at your own risk. BestNewBands.com takes no responsibility for third party advertisements which are posted on this third party site or through the BestNewBands.com website, nor does it take any responsibility for the goods or services provided by its advertisers. BestNewBands.com is not responsible for the conduct, whether online or offline, of any User of the BestNewBands.com website. BestNewBands.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. BestNewBands.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 BestNewBands.com website 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 BestNewBands.com website. Under no circumstances shall BestNewBands.com be responsible for any loss or damage, including personal injury or death, resulting from use of the BestNewBands.com website, from any Content posted on or through the BestNewBands.com website, or from the conduct of any Users of the BestNewBands.com website, whether online or offline. The BestNewBands.com website is provided "AS-IS" and as available and BestNewBands.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BestNewBands.com cannot guarantee and does not promise any specific results from use of the BestNewBands.com website.
13. Limitation on Liability. IN NO EVENT SHALL BESTNEWBANDS.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 BESTNEWBANDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BESTNEWBANDS.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 BESTNEWBANDS.COM FOR THE BESTNEWBANDS.COM WEBSITE DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the BestNewBands.com website (the "Software") is further subject to United States export controls. No Software may be downloaded from the BestNewBands.com website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. If there is any dispute about or involving the BestNewBands.com website, 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 BestNewBands.com or you may demand that any dispute between BestNewBands.com and you about or involving the BestNewBands.com website 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 BestNewBands.com from seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity. You agree to indemnify and hold BestNewBands.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BestNewBands.com website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on or through the BestNewBands.com website causestBestNewBands.com to be liable to another.
17. Other. This Agreement is accepted upon your use of The BestNewBands.com website and is further affirmed by you viewing or posting content. This Agreement constitutes the entire agreement between you and BestNewBands.com regarding the use of the BestNewBands.com website. The failure of BestNewBands.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. BestNewBands.com is a trademark of Tom Crosthwaite And Associates. 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.