Welcome to BandBuzz. We sincerely
hope that you will enjoy your experience. The following Terms & Conditions
are necessary to allow BandBuzz to provide our valued users with the best
possible experience and are intended to:
- Outline the Code of Conduct for all members of the service
- Protect users from those few individuals who act in an inappropriate or
fraudulent manner
- Maintain the integrity of the data collected and accuracy of results
- Clarify the terms regarding payment and billing
- Share information with our users in an honest, upfront manner
Your Account
In order to use BandBuzz, you must register as a member of the Site
("Member") and agree to be bound by these Terms & Conditions ("Agreement").
To have the ability to access our website and services, you must obtain access
to the World Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In addition, it
is your responsibility to find the equipment (i.e. computer, modem, and/or other
devices) necessary to make such a connection to the Internet.
In consideration of your use of BandBuzz, you agree to: (1) provide
accurate, current and complete information about yourself as prompted by the
registration form and (2) maintain and promptly update your personal contact
information to keep it current and complete. If you provide any information that
is untrue, inaccurate, inappropriate or not current, or if BandBuzz has
reasonable grounds to suspect that such information is untrue, inaccurate,
inappropriate or not current, BandBuzz has the right to disable or terminate
your account and refuse any and all current or future use of the site.
Once you complete the registration process with BandBuzz, you will receive
an account designation that is associated with your new account. You are solely
responsible for maintaining the confidentiality of your account and password,
and are fully accountable for all activities that occur under your account. You
also agree to immediately notify BandBuzz of any unauthorized use of your
account or any other breach of security.
Unless otherwise specified, BandBuzz grants you a non-exclusive,
non-transferable, limited right to access, use and display this website and the
material provided hereon, and the Fee-Based Services that you subscribed to, for
your personal, noncommercial use, provided that you comply fully with the
provisions of this Agreement. You agree not to assign, transfer or sublicense
your rights as a registered user of, or subscriber to, this website and/or any
of our Fee-Based Products. You understand that only you may use your user
account and password, and that your subscription or use of our Fee-Based
Products may not be shared with others. If BandBuzz has reasonable grounds to
suspect that you have shared your account access and password with another
individual, BandBuzz has the right to terminate your account and refuse any
refund.
You agree that you shall only use the Services and content in a manner that
complies with all applicable laws in the jurisdictions in which you use the
Services and Content, including, but not limited to, applicable restrictions
concerning copyright and other intellectual property rights. Except as
specifically authorized herein, you may not: (i) permit other individuals to use
the Content and Services; (ii) modify, translate, distribute or create
derivative works of the Content or the Services; (iii) copy or redistribute the
Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Content
or the Services; (v) remove any proprietary notices or labels on the Content or
Service; and (vi) add to, alter, delete from, or otherwise modify the Content.
Eligibility
You must be 18 (eighteen) or older to register as a Member of BandBuzz.
Membership in the Service is void where prohibited. By using this Site, you
represent and warrant that you have the right, authority, and capacity to enter
into this Agreement and to abide by all of the Terms & Conditions of this
Agreement. Children under 13 are not permitted to use this website.
Term
Joining BandBuzz is free and you may continue to use this Service as long
as you adhere to these Terms & Conditions. The term for the Fee-Based
Services on BandBuzz may vary. Subscription membership in the Service is on
"Term" basis which means you will be a Paid Member for the amount of time
specified in the Subscription Plan that you choose (normally on a 1, 3, or 6
month basis).
Payment and Billing
For purposes of your use of our Fee-Based Products, you agree to provide us
with true, accurate and complete information as required by the subscription or
sign up process ("Subscription Data"), including your legal name, email address
and other billing information (e.g., credit card number and expiration date),
and to allow us to share your Subscription Data with third parties for the
purpose of verifying the information you provide and billing your credit card or
otherwise charging your account.
Payment for BandBuzz services or products may be made by credit card or
other means by which BandBuzz authorizes. Payment must be received by
BandBuzz prior to acceptance of an order.
Customers must promptly inform BandBuzz of apparent breaches of security,
such as loss, theft, or unauthorized disclosure or use of an ID or password.
Until BandBuzz is notified by e-mail of a breach in security, the customer
will remain liable for any unauthorized use of the service.
Content Posted on the Site
You understand and agree that BandBuzz may review and delete any content,
messages, reviews, photos, text or profiles (collectively, "Content") that in the sole judgment
of BandBuzz violate this Agreement or which might be offensive,
inappropriate, illegal, or that might violate the rights, harm, or threaten the
safety of other Members.
You are solely responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or transmit to other Members.
By posting Content to any public area of the Site, you automatically grant,
and you represent and warrant that you have the right to grant, to BandBuzz
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute such information and content and to
prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or
prohibited on the Site. BandBuzz reserves the right to investigate and take
appropriate legal action in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending communication
from the Service and terminating the membership of such violators. It includes
Content that:
- is patently offensive to the online community, such as Content that
promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited
mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
- seeks to impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page) ;
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
- solicits passwords or personal identifying information for commercial or
unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid
schemes.
You must use the Service in a manner consistent with any and all applicable
laws and regulations.
You may not include in your Member profile any telephone numbers, street
addresses, last names, URLs or email addresses.
You may not engage in advertising to, or solicitation of, other Members to
buy or sell any products or services through the Service. You may not transmit
any chain letters or junk email to other Members. Although BandBuzz cannot
monitor the conduct of its Members off the Site, it is also a violation of these
rules to use any information obtained from the Service in order to harass,
abuse, or harm another person, or 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, BandBuzz 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 BandBuzz deems appropriate in its sole
discretion.
You are solely responsible for your interactions with other BandBuzz
Members. BandBuzz reserves the right, but has no obligation, to monitor
disputes between you and other Members.
Non Commercial Use by Members
The Site is for the personal use of individual Members only and may not be
used in connection with any commercial endeavors. Organizations, companies,
and/or businesses may not become Members and should not use the Service or the
Site for any purpose unless strictly approved by BandBuzz. Illegal and/or unauthorized
uses of the Site, including
collecting usernames and/or email addresses of members by electronic or other
means for the purpose of sending unsolicited email and unauthorized framing of
or linking to the Site will be investigated, and appropriate legal action will
be taken, including without limitation, civil, criminal, and injunctive redress.
Termination
Subscription cannot be transferred once purchased.
BandBuzz reserves the right to cancel or terminate an individual's account
if there is speculation of misconduct or similar behaviors. Should you breach
this Agreement, BandBuzz will revoke your license to use the Service and
suspend your right of access. In such a case, no portion of your subscription
payment will be refunded.
Should BandBuzz decide to suspend the Service for any reason other than
breach, we will refund to you the unused pro-rata portion of your subscription
payment, which will be your sole and exclusive remedy upon such a suspension of
service.
Should you have any inquires regarding billing, this should be directed to
our Customer Support Team via email to .
Modifications to Service
These Terms & Conditions were last modified on Nov 23, 2006. At any time
and without prior notice, BandBuzz shall have the right, in its sole
discretion, to modify, add or remove terms of these Terms & Conditions,
without notifying our customers of such modifications, additions or removals,
and all such changes shall be effective immediately. Your continued
participation and use of this website and/or the BandBuzz services following
our posting of any such change on our site will constitute binding acceptance of
such change. You agree that BandBuzz shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the service.
Communication
As a part of the service BandBuzz provides to our Members, we communicate
via e-mail and other means to inform you of enhancements or changes in
offerings, services, or other relevant information targeted to your interests.
Details of these communication efforts are noted within the Privacy Policy.
Users have the option to remove themselves from various e-mail communications by
following the conditions listed within the message or by following the
procedures as noted in the Privacy Policy. However, even though users may
request removal from the distribution of certain e-mails, BandBuzz has the
right to send messages from time to time that we believe would interest them.
BandBuzz reserves the right at any time to modify or discontinue, temporarily
or permanently, the service (or any part thereof) with or without notice.
Privacy Policy
You should review the other BandBuzz policies to better comprehend our
practices and how we govern your visit to our website. Registration data and
certain other information about you are subject to our privacy policy. For more
information, see our entire privacy policy.
Advertiser Links
This website contains links to Internet websites maintained by third parties.
BandBuzz does not operate or control in any respect any information,
products, or services on such third-party sites. Third-party links do not
constitute any endorsement by BandBuzz and/or its affiliates. User assumes
sole responsibility for use of these third-party links. The disclaimers set
forth herein are equally applicable to such third-party sites.
Copyright and Trademarks
The content included on this website, including, but not limited to the
BandBuzz reviews, reports, text, graphics, information, logos, icons, and images is the
exclusive property of BandBuzz and other respective owners that have granted
BandBuzz the right and license to use such property and is protected by
United States and international copyright laws. All trademarks, service marks,
and trade names are proprietary to BandBuzz or other respective owners that
have granted BandBuzz the right and license to use such marks. The
BandBuzz website contains copyrighted material, including, but not limited
to: trademarks and other proprietary information, content, text, and graphics.
Except as otherwise expressly permitted under copyright law, users may not copy,
publish, redistribute, modify, transmit, display, sell, create derivative works,
or in any way exploit the content or any portion of the BandBuzz website
without the express permission of the organization. Our Copyright
Counsel for notice of claims of copyright infringement can be reached at:
General Counsel, BandBuzz Inc., 2262 Chianti Place, #522, Palm Harbor,
FL 34683,
Disclaimers of Warranties
The products, offerings, content and materials (including, without
limitation, the Fee-Based products) on this website are provided "as is" and
without warranties of any kind, either express or implied. BandBuzz disclaims
all warranties, express or implied, including but not limited to warranties of
title or implied warranties of merchantability, fitness for a particular
purpose, title, security, accuracy or non-infringement. BandBuzz does not
conduct criminal background checks on its members.
Neither BandBuzz, any of our affiliates, nor any of our or their
respective licensors, licensees, service providers or suppliers warrant that
this website or any function contained in this website will be uninterrupted or
error-free, that defects will be corrected, or that this website or the servers
that make this website available are free of viruses or other harmful
components.
Neither BandBuzz, any of our affiliates, nor any of our or their
respective licensors, licensees, service providers or suppliers warrant or make
any representations regarding the use or the results of the use of the products,
offerings, content and materials (including, without limitation, the fee-based
products) in this website in terms of their correctness, accuracy, reliability,
or otherwise. Further, please note that no advice or information, obtained by
you from our personnel or through this website shall create any warranty not
expressly provided for in this agreement.
Limitation of Liability
You expressly understand and agree that BandBuzz and our affiliates shall
not be liable for any direct, indirect, incidental, special, consequential,
exemplary or punitive damages, or any other damages whatsoever, including but
not limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if we have been advised of the possibility of such
damages), arising out of, or resulting from, (a) the use or the inability to use
this website (including, without limitation, the fee-based products); (b) the
use of any content or other material (including, without limitation, the
fee-based products) on this website or any website or websites linked to this
website, (c) the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained or messages
received or transactions entered into through or from this website (including,
without limitation, the fee-based products); (d) unauthorized access to or
alteration of your transmissions or data; (e) statements or conduct of any third
party on our website (including, without limitation, the fee-based products); or
(f) any other matter relating to this website. In no event shall our total
liability to you for all damages, losses, and causes of action (whether in
contract, tort (including, but not limited to, negligence), or otherwise) exceed
the amount paid by you, if any, for accessing this website. If you are
dissatisfied with any portion of our website, or with any of provision of this
agreement, your sole and exclusive remedy is the discontinuation of your use of
this website.
Indemnity. You agree to indemnify and hold BandBuzz, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the Service in
violation of this Agreement and/or arising from a breach of these Terms &
Conditions and/or any breach of your representations and warranties set forth
above.
All questions relating to this website's validity, interpretations,
performance and enforcement, including the Terms & Conditions, shall be
governed by and construed in accordance with the laws of the State of
Florida. Any action relating to this website's validity, interpretations,
performance and enforcement, including the Terms & Conditions, must be
brought in the federal or state courts located in Palm Harbor, FL, and you
irrevocably consent to the jurisdiction of such courts. Our failure to enforce
your strict performance of any provision of these Terms & Conditions will
not constitute a waiver of our right to subsequently enforce such provision or
any other provision of this policy. Any waiver, amendment or other modification
of any provision of these Terms & Conditions will be effective only if in
writing and signed by an authorized representative of BandBuzz.
BandBuzz will not be responsible or liable to you for any delay or failure
to perform under these Terms & Conditions if such delay or failure results
from fire, explosion, labor dispute, earthquake, hurricane, casualty or accident, lack or
failure of transportation facilities and/or services, lack or failure of
telecommunications facilities and/or services including Internet services,
epidemic, flood, drought, or by reason of war, civil commotion, blockade or
embargo, act of God, any inability to obtain any requisite license, permit or
authorization, or by reason of any law, proclamation, regulation, ordinance,
demand or requirement of any government or by reason of any other cause
whatsoever, whether similar or dissimilar to those enumerated, beyond the
reasonable control of BandBuzz.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
Software from this Site (the "Software") is further subject to United States
export controls. No Software may be downloaded from the Site or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and warrant that you
are not located in, under the control of, or a national or resident of any such
country or on any such list.
Miscellaneous Terms
All information presented by BandBuzz is for educational and entertainment
purposes. The material is not intended to be a substitute for professional
counseling. BandBuzz and the creators, producers, and distributors of the
content disclaim any liability in connection with the advice, recommendations or
products advertised on this site.
BandBuzz may assign our rights and obligations under this Agreement. This
Agreement will inure to the benefit of our successors, assigns and licensees.
The failure of either party to insist upon or enforce the strict performance of
the other party with respect to any provision of this Agreement, or to exercise
any right under this Agreement, will not be construed as a waiver or
relinquishment to any extent of such party's right to assert or rely upon any
such provision or right in that or any other instance; rather, the same will be
and remain in full force and effect.
Entire Agreement
These Terms & Conditions represent the complete and entire agreement
between BandBuzz and you and supersede all prior and contemporaneous
agreements of the parties relating to the subject mater hereof. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect. You acknowledge that you have read these
Terms & Conditions and understand and agree to all of them in their
entirety. You have independently evaluated the desirability of using
BandBuzz, and are not relying on any representation, guarantee, or statement
other than as set forth in these Terms & Conditions.
We sincerely hope you enjoy your use of the BandBuzz site. Please
understand that these rules help make it possible to offer our valued users
these Services.
IMPORTANT: These Terms & Conditions of Service for BandBuzz Services
("Agreement") is a legal agreement between you and BandBuzz Inc. By
initiating a purchase or otherwise using or accepting the Services, you agree to
be bound by the terms of this Agreement. If you do not agree to the Terms of
this Agreement, do not purchase or use these Services. You agree that your use
of the services acknowledges that you have read this Agreement, understand it,
and agree to be bound by its Terms and
Conditions.