Terms and Conditions of Use
Last revised March 26, 2007
You've found it: the part of the site you've really been jonesing for. As you scroll down through line after line of beautiful legalese, just sit back and enjoy the ride. It doesn't get much better than this.
Please read these Terms of Service ("Terms") carefully
as they contain the legal terms and conditions that you are agreeing
to when you use the Bandega website ("the Service" or "the
Site").
By using our Service you agree to be bound by Part A of these
Terms which contains provisions applicable to all users of our
Service, including casual visitors. If you choose to create an
account, you will be asked to check a box to indicate that you
have also read and agree to be bound by the additional wording
set out in Part B of these Terms.
Part A: Provisions applicable to all Users of the Service (Whether
Registered or Not)
1. Operator
This Service is operated by Bandega, a General Partnership.
Bandega is also referred to in these Terms as "We" and "Us".
2. Purpose of the Service
Bandega provides users with the ability
to track the live performances of their favorite musical acts via
website tools and automated electronic messages.
3. Availability
Bandega uses reasonable efforts to ensure that
the Service is available 24 hours a day 7 days a week. However,
there will be occasions when the Service will be interrupted for
various reasons including maintenance, upgrades and emergency repairs
or due to failure of telecommunications links and equipment that
are beyond the control of Bandega. While reasonable steps will
be taken by us to minimize such disruption where it is within the
reasonable control of Bandega, we cannot and do not guarantee uninterrupted
service. You understand and acknowledge this and agree that Bandega
shall not be liable to you for any modification, suspension or
discontinuance of the Service or for any inconvenience or damage
that you might suffer as a result. You are responsible for creating
backups of any content you post to the Service.
4. Privacy
Bandega has a firm commitment to using its reasonable
efforts to try to safeguard your privacy. Please review Bandega's
Privacy Policy. The terms of our privacy policy are incorporated
into, and considered part of, these Terms.
5. Service Marks
All service names, images, and logos used in this
Service which identify Bandega are proprietary marks of Bandega.
Nothing in this Service shall be deemed to confer on any person
any license or right on the part of Bandega with respect to any
such image, logo or name.
6. Copyright
Except with respect to material reproduced or excerpted from either a band website or from Wikipedia, Bandega is, unless otherwise stated, the exclusive owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means). Wikipedia materials or documents are useable under the provisions of the GNU Free Documentation License.
7. Reporting Violations of Your Copyrights
If you believe the
copyright in your work has been violated through this Service,
please contact Bandega for notice of claims of copyright infringement,
who can be reached at info@bandega.com. You must provide our agent
with the following information, which Bandega may then forward
to the alleged infringer: a. identify the material on the Service
that you believe infringes your work, with enough detail so that
we may locate it on the Service, including the date on which you
saw the material on our Site and if possible, by furnishing us
with a screen shot capturing the allegedly infringing material;
b. provide your address, telephone number, and e-mail address; c.
provide a statement that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; d. provide a statement that (i) the information you
have provided to us is accurate, and (ii) you are the owner of
the copyright interest involved or you are authorized by the copyright
owner to act on behalf of that owner; and e. provide your physical
or electronic signature. Upon receiving your complaint, Bandega
will use reasonable efforts to investigate your claim and give
due consideration to removing content that Bandega believe infringes
your copyright.
8. External Links
From time to time Bandega may provide links
that will take you to other, third party websites. These links
are provided solely for your convenience. If you decide to access
linked websites you do so at your own risk. We do not endorse or
take responsibility for the content on other websites or the availability
of other websites and you agree that Bandega is not liable for
any loss or damage that you may suffer by using other websites,
including but not limited to, exposure to viruses, Trojan horses
and/or worms.
9. Amendment of the Terms
We reserve the right to amend these
Terms from time to time. If you have created a Bandega account,
we shall notify you of any material changes to these Terms by e-mail
sent to the address you have provided to Bandega for your account.
If you continue to use the Service once you have been notified
of the changes to these Terms, you will be deemed to have accepted
those changes.
10. Applicable Law and Jurisdiction
These Terms shall be governed
by and construed in accordance with the laws of the State of California.
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the California Superior Court for the County of Alameda or the U.S. District Court for the Northern District of California.
11. Disclaimer of Warranty and Limitation of Liability
THE SERVICE,
THE BANDEGA SITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS
IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT
PERMITTED BY LAW, BANDEGA DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. WE DO
NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT
SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED
TO PRODUCTS ON THIS SITE.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING OUT OF (I) THE
USE OF OR INABILITY TO USE THE BANDEGA SITE OR THE SERVICE, (II)
ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING
TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN
IF BANDEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, BANDEGA'S
LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST
EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED $100.00.
12. Conduct
You agree, represent and warrant not to use the Service:
a. for any unlawful purposes; b. to upload, post, order for print,
e-mail or otherwise transmit or communicate any material that is
obscene, offensive, blasphemous, pornographic, unlawful, threatening,
menacing, abusive, harmful, an invasion of privacy or publicity
rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c. to upload, post, order for print, e-mail or otherwise transmit
or communicate any material that you do not have a right to transmit
or communicate under any contractual or fiduciary relationship
or which infringes any copyright, trade mark, patent or other intellectual
property right or any moral right of any party including, but not
limited to Bandega; d. to harm minors in any way, including, but
not limited to, content that violates child pornography laws, child
sexual exploitation laws and laws prohibiting the depiction of
minors engaged in sexual conduct; e. to forge headers or otherwise
manipulate identifiers in order to disguise the origin of any content
transmitted through the Service; f. to upload, post, e-mail or otherwise
transmit any material which is likely to cause harm to Bandega
or anyone else's computer systems, including but not limited to
that which contains any virus, code, worm, Trojan horse, data or
other files or programs designed to damage or allow unauthorized
access to the Service which may cause any defect, error, malfunction
or corruption to the Service; g. to transmit any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of solicitation;
h. to impersonate any person or entity, or otherwise to misrepresent
your affiliation with a person or entity; or i. to collect, intercept
or harvest screen names, to collect, intercept or store personal
data about other users of the Service or to solicit or attempt
to discover a user's password, screen name or other registration
information without the user's express knowledge and consent.
You further agree that you shall not: a. interfere with or disrupt
(or attempt to interfere with or disrupt) this Service or servers
or networks connected to this Service, or to disobey any requirements,
procedures, policies or regulations of networks connected to this
Service; or b. provide any information to Bandega that is false
or misleading, that attempts to hide your identity or that you
do not have the right to disclose; or c. resell the Service or
any portion of the Service.
13. Indemnification
You understand and agree that you are personally
responsible for your behavior in connection with the Service. You
agree to indemnify, defend and hold harmless Bandega, its business
partners, licensors, employees, agents, and any third-party information
providers to the Service from and against all claims, losses, expenses,
damages and costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and reasonable
attorneys' fees, resulting from or arising out of (a) images or
other content you post to the Site or submit through the Service,
(b) use or misuse of the Service by you or any other person who
accesses the Service using your account, (c) any violation of these
Terms of Service, (d) any violation of any rights of a third party,
and (e) any breach by you of your agreements, representations and
warranties given herein.
14. General
These Terms constitute the entire agreement between
Bandega and you with respect to your use of the Service. Bandega's
failure to enforce any right or provision in these Terms shall
not constitute a waiver of such right or provision. If a court
should find that one or more rights or provisions contained in
these Terms is invalid, you agree that the remainder of the Terms
shall be enforceable.
15. Comments
If you have any comments or questions about the Service
please contact us info@bandega.com.
16. The "Never Miss a Show Again" Tagline
You understand
that, while Bandega strives to provide as much up-to-date information
about live music performances, you may still miss such performances,
as a result of inaccurate or delayed information, or from simply
not being informed in the first place. In other words, Bandega
does NOT guarantee the accuracy of the information it provides,
although it will use reasonable efforts to provide accurate information.
You agree that you are personally responsible for learning about
this information on your own, and that you will not hold Bandega
liable in the event that you miss a show or receive inaccurate
information, or suffer some other inconvenience or damage resulting
from any inaccuracy in the information provided by Bandega. You
acknowledge that if you did not agree to the provisions of this
paragraph (and to the balance of this agreement, both A and B),
Bandega would not agree to provide you with the information on
its site.
Part B: Additional Provisions Applicable to Users Who Have Created
Accounts ("Account Users")
In addition to the provisions of Part A of these Terms, the following
provisions shall apply to Account Users of the Service.
17. Registration
You agree that the information that you provide
to us on registration and at all other times will be true, accurate,
current and complete. You also agree that you will ensure that
this information is kept accurate and up to date at all times.
This is especially important with respect to your e-mail address,
since that is the primary way in which we will communicate with
you about your account and your orders.
18. Password
When you create an account, you will be asked to
provide a password. As you will be responsible for all activities
that occur under your password, you should keep your password confidential.
You must notify Bandega immediately of any unauthorized use of
your password or if you believe that your password is no longer
confidential. We reserve the right to require you to alter your
password if we believe that your password is no longer secure.
19. Posting Reviews
If you submit a review for a band's live concert, you understand
and agree that anyone with access to the Site will be able to
access, use and/or disclose any information that you include
in any such review (including, without limitation, any personal
information such as your name, e-mail address, etc.) and will
be able to add to, subtract from, interpolate or otherwise modify
or comment upon the information that you include. Bandega has
no control over these potential uses and modifications by other
persons. For avoidance of doubt, therefore, you understand that
by submitting a review you knowingly accept the risk that these
uses and modifications of your review may be made and you waive
to the fullest extent of the law and will hold Bandega harmless
against any claims that such uses or modifications have injured
or damaged you, under any theory of law. In addition, Bandega
reserves the right to make all decisions regarding which reviews
are posted and has full editing power over the content. Furthermore,
you agree, by submitting a review, that you are conveying to
Bandega, all rights under copyright that you may own in such
review and that Bandega is the exclusive owner under copyright
and otherwise owns the content of your review and is therefore
not required to provide any form of compensation to the user
who submitted the review.
