| By using Bands
Across Kansas City you agree to be bound by these Terms
and Conditions, whether or not you register as a Artist
or User. Because the Terms and Conditions
contain legal obligations, please read them carefully.
The Terms and Conditions contain a variety of provisions
that are generally applicable to the Products and Services
and some provisions that apply to particular Products and
Services. You should understand that you will be bound by
the entire Terms and Conditions as indicated below.
Acceptance
By using the Products and Services, you are agree, without
limitation or qualification, to be bound by, and to comply
with, these Terms and Conditions and any other posted guidelines
or rules applicable to Bands Across Kansas City or any Product
or Service. All such guidelines and rules are hereby incorporated
by reference into the Terms and Conditions.
Conditions and Restrictions on Use
Use of the Products and Services is subject to compliance
with these Terms and Conditions. You shall be authorized to
use the Products and Services for personal, non-commercial
use only. You acknowledge and agree that Bands Across Kansas
City may terminate your access to the Bands Across Kansas
City Web site or to any of the Products and Services should
you fail to comply with the Terms and Conditions or any other
guidelines and rules published by Bands Across Kansas City.
Any such termination shall be in Bands Across Kansas City's
sole discretion and may occur without prior notice, or any
notice. Bands Across Kansas City further reserves the right
to terminate any user’s access to Bands Across Kansas
City or to any of the Products and Services for any conduct
that Bands Across Kansas City, in its sole discretion, believes
is or may be directly or indirectly harmful to other users,
to Bands Across Kansas City or its subsidiaries, affiliates,
or business partners, or to other third parties, or for any
conduct that violates any local, state, federal, or foreign
laws or regulations. Bands Across Kansas City further reserves
the right to terminate any user’s access to Bands Across
Kansas City or to any of the Products and Services for any
reason or for no reason at all without prior notice, or any
notice.
In order to use the Products and Services on Bands Across
Kansas City, users must have access to the World Wide Web.
Where there is mature or adult content on Bands Across Kansas
City, individuals who are less than 18 years of age or are
not permitted to access such content under the laws of any
applicable jurisdiction may not access such content. Should
there also other areas of Bands Across Kansas City not open
to persons under 18 years of age we do not grant permission
to view these areas to anyone under the age of 18. If Bands
Across Kansas City learns that anyone under the age of 13
has accessed the Products and Services offered on Bands Across
Kansas City and not open to an all audience rating than will
require verified parental consent, in accordance with the
Children’s Online Privacy Protection Act of 1998 (“COPPA”).
However certain areas of Bands Across Kansas City may not
be available to children under 13 under any circumstances.
Bands Across Kansas City does not discriminate on the basis
of age, gender, race, ethnicity, nationality, religion, sexual
orientation, or any other protected status. Even though we
will monitor the site to the best of our abilities to stop
activities that we feel are not appropriate for the site,
we are not responsible for the actions or opinions of others.
Registration & Privacy
Certain of the Products and Services will require the user
to register and provide certain data. In consideration of
use of such Products and Services, in registering and providing
such data, you represent and warrant that: (a) the information
about yourself is true, accurate, current, and complete (apart
from optional items) as required by various Bands Across Kansas
City registration forms (“Registration Data”)
and (b) you will maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current
or incomplete, or Bands Across Kansas City has a reasonable
ground to suspect that such information is untrue, inaccurate,
not current or incomplete, Bands Across Kansas City has the
right to suspend or terminate your account and refuse any
and all current or future use of the Products and Services.
All Bands Across Kansas City registrations become the exclusive
property of Bands Across Kansas City. Bands Across Kansas
City reserves the right to use and reuse all registration
and other personally identifiable user information subject
to Bands Across Kansas City Privacy
Policy. Users may edit, update, alter or obscure their
personally identifiable information at any time by following
the instructions located in Bands Across Kansas City’s
Privacy Policy and on Bands Across Kansas City.
You acknowledge receipt of Bands Across Kansas City’s
Privacy Policy, including our Notice Regarding the Privacy
of Children Under 13 While on Bands Across Kansas City.
Responsibility for Minors
In cases where you have authorized a minor to use the Products
and Services, you recognize that you are fully responsible
for: a.the online conduct of such minor; b. controlling the
minor’s access to and use of the Products and Services;
and c. the consequences of any misuse by the minor.
YOU ACKNOWLEDGE THAT SOME AREAS OF BANDS ACROSS
KANSAS CITY MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR
MINORS.
Artist/Listener and User Conduct on Bands
Across Kansas City
You acknowledge and agree that all information, code, data,
text, software, music, sound, photographs, pictures, graphics,
video, chat, messages, files, or other materials (“Content”),
whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content
originated. This means that you, and not Bands Across Kansas
City, are entirely responsible for all Content that you upload,
post, email or otherwise transmit via the Services. Bands
Across Kansas City does not control the user or third party
Content posted via the Products and Services, and, as such,
does not guarantee the accuracy, integrity or quality of such
user or third party Content. You acknowledge and agree that
by using the Products and Services, you may be exposed to
Content that may be deemed offensive, indecent or objectionable.
Nevertheless, you agree to use Bands Across Kansas City at
your sole risk. Under no circumstances will Bands Across Kansas
City be liable in any way for any user or third party Content,
including, but not limited to, for any errors or omissions
in any such Content, or for any loss or damage of any kind
incurred as a result of the use of any such Content posted,
emailed or otherwise transmitted via the Products and Services.
As a general matter, Bands Across Kansas City does not pre-screen
user or third party Content posted on Bands Across Kansas
City, although Bands Across Kansas City reserves the right
to do so. Bands Across Kansas City does not guarantee that
any screening will be done to your satisfaction or that any
screening will be done at all. Bands Across Kansas City reserves
the right to monitor some, all, or no areas of the Products
and Services for adherence to these Terms and Conditions or
any other rules or guidelines posted by Bands Across Kansas
City.
The Products and Services may only be used for the intended
purpose for which such Products and Services are being made
available.
Prohibited Conduct
You agree that you will not use Bands Across Kansas City’s
Products and Services to:
1. Upload, post, email, otherwise transmit, or post links
to any Content, or select any member or user name or email
address, that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, pornographic,
libelous, invasive of privacy or publicity rights, hateful,
or racially, sexually, ethnically or otherwise objectionable.
2. Upload, post, email, otherwise transmit, or post links
to any Content that promotes illegal activity, including without
limitation the provision of instructions for illegal activity.
3. Upload, post, email, otherwise transmit, or post links
to any Content that exploits the images of children under
18 years of age, or that discloses personally identifying
information belonging to children under 18 years of age.
4. Harm minors in any other way.
5. Make any sexual request on behalf of a minor or make any
sexual request of a minor.
6. “Stalk” or otherwise harass another.
7. Collect or store personally identifying information about
other users for commercial or unlawful purposes.
8. Impersonate any person or entity, including, but not limited
to, an Bands Across Kansas City official, employee, consultant,
or otherwise, or falsely state or otherwise misrepresent your
affiliation with a person or entity.
9. Employ misleading email addresses or falsify information
in the header, footer, return path, or any part of any communication,
including emails, transmitted through the Products and Services.
10. Upload, post, email, otherwise transmit, or post links
to any Content that you do not have a right to transmit under
any law or regulation or under contractual or fiduciary relationships
(such as inside information, or proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements).
11. Upload, post, email, or otherwise transmit, or post links
to any Content that facilitates hacking.
12. Upload, post, email, otherwise transmit, or post links
to any Content that infringes any patent, trademark, service
mark, trade secret, copyright or other proprietary rights
(“Rights”) of any party, or contributing to inducing
or facilitating such infringement. This prohibition shall
include, without limitation, the following forms of software
piracy:
1. Making available copyrighted software or other Content
that has had the copyright protection removed.
2. Making available serial numbers for software that can be
used to illegally validate or register software.
3. Making available tools that can be used for no purpose
other than for “cracking” software or other copyrighted
Content.
4. Making available any software files for which the user
does not own the copyright or have the legal right to make
available.
13. Upload, post, email, otherwise transmit, or post links
to any unsolicited or unauthorized advertising, promotional
materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other
form of solicitation, except in those areas that are designated
for such purpose.
14. Upload, post, email, otherwise transmit, or post links
to any material that contains software viruses, worms, Trojan
horses, time bombs, trap doors or any other computer code,
files or programs or repetitive requests for information designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment or to
diminish the quality of, interfere with the performance of,
or impair the functionality of the Products and Services or
Bands Across Kansas City .
15. Use automated means, including additional computers, software
and scripts, to enhance play in Bands Across Kansas City promotions,
increase the number of plays of songs of any particular artist
on Bands Across Kansas City or increase traffic to the Bands
Across Kansas City artist site of any particular artist.
16. Use automated means, including spiders, robots, crawlers,
or the like to download data from any Bands Across Kansas
City Network database.
17. Conduct your own contests and promotions.
18. Upload, post, email, otherwise transmit, or post links
to any Content regarding any raffle, contest or game requiring
a fee by participants.
19. Modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, link, display
or in any way exploit any Content from any Bands Across Kansas
City database, including, without limitation, by incorporating
data from any Bands Across Kansas City database into any e-mail
or “white pages” products or serviced, whether
browser-based, based on proprietary client-site applications,
web-based, or otherwise.
20. Sell, distribute, or make any commercial use of data obtained
from any Bands Across Kansas City database or make any other
use of data from any Bands Across Kansas City database in
a manner which could be expected to offend the person for
whom the data is relevant.
21. Create and maintain a Bands Across Kansas City artist
site that (i) redirects to another web page or (ii) stores
or hosts content for remote loading by other web pages. For
example, you cannot create a Bands Across Kansas City artist
site, post pictures to the Bands Across Kansas City artist
site, and have other web pages call the Bands Across Kansas
City artist site to retrieve those pictures.
22. Create and maintain a Bands Across Kansas City artist
site that contains hyperlinks to content not permitted on
Bands Across Kansas City .
23. Disrupt the normal flow of dialogue in a chat room, cause
a screen to “scroll” faster than other users of
the Products and Services are able to type, or otherwise act
in a manner that negatively affects other users’ ability
to engage in real time exchanges.
24. Interfere with or disrupt the Products and Services or
servers or networks connected to the Products and Services,
or disobey any requirements, procedures, policies or regulations
of networks connected to the Products and Services.
25. Intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law.
26. Upload, post, email, otherwise transmit, or post links
to any material that is false, misleading, or designed to
manipulate any equity, security, or other market.
27. Disobey any Bands Across Kansas City or Bands Across Kansas
City employee or representative or interfere with any action
by any Bands Across Kansas City or Bands Across Kansas City
employee or representative to redress any violation of these
Terms and Conditions.
28. Access the Products and Services after your account or
access has been terminated by Bands Across Kansas City .
29. Fail to complete any transaction after submitting an order
to purchase any goods or services from individual Artist sites,
subject to the individual Artist site’s terms and conditions
governing such transactions.
30. Submit any order to purchase goods or services from individual
Artist sites where you do not intend to complete the transaction.
31. Purchase any goods or services that you are prohibited
from purchasing or possessing by any law applicable to you
in your jurisdiction. The responsibility for ensuring compliance
with all such laws shall be the user’s alone. By submitting
an order to purchase goods or services, you represent and
warrant that you have the legal right to purchase such goods
or services.
32. Use any software deployed in connection with the Products
and Services to process data as a service to other entities
without the express written consent of Bands Across Kansas
City or the party from whom such software may be licensed.
33. Decompile, disassemble, modify, translate, adapt, reverse
engineer, create derivative works from, or sublicense any
software deployed in connection with the Products and Services.
34. Upload, post, email, otherwise transmit, or post links
to any material, or act in any manner that is offensive to
Bands Across Kansas City community or the spirit of these
Terms and Conditions.
35. Advertise, offer for sale, or sell any of the following
items:
1. Any firearms, explosives, or weapons.
2. Any food that is not packaged or does not comply with all
laws governing the sale of food to consumers by commercial
merchants.
3. Any alcoholic beverages.
4. Any tobacco products for human consumption, including,
without limitation, cigarettes and cigars.
5. Any items that are indecent or obscene, that are hateful
or racially, sexually, ethnically or otherwise objectionable,
that contain child pornography, that are otherwise pornographic
in nature, or are harmful to minors.
6. Any controlled substances or pharmaceuticals.
7. Any counterfeit or stolen items.
8. Any dangerous items.
9. Any goods or services that do not, in fact, exist.
10. Any registered or unregistered securities.
11. Any items that violate or infringe the rights of other
parties.
12. Any items that you do not have the legal right to sell.
13. Any items where paying Bands Across Kansas City any of
the required transactional or listing fees would cause Bands
Across Kansas City or the Bands Across Kansas City Companies
to violate any law.
You acknowledge and agree that Bands Across Kansas City and
its designers shall have the right (but not the obligation),
in their sole discretion, to refuse to publish, remove, or
block access to any Content that is available via the Products
and Services at any time, for any reason, or for no reason
at all, with or without notice. Without limitation Bands Across
Kansas City and its designees shall have the right (but not
the obligation), in their sole discretion, to refuse to publish,
remove, or block access to any Content that violates the Terms
and Conditions or is otherwise objectionable as determined
by Bands Across Kansas City , in its sole discretion. Bands
Across Kansas City may also terminate access to, or membership
in, Bands Across Kansas City , or any portion thereof, for
violating these Terms and Conditions. You acknowledge and
agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any
Content created by or obtained through the use of Bands Across
Kansas City , including without limitation, information posted
on message boards.
You expressly acknowledge and agree that Bands Across Kansas
City may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the Terms and Conditions;
(c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or
personal safety of Bands Across Kansas City , its users and
the public. You acknowledge and agree that the technical processing
and transmission of the Products and Services, including your
Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements
of connecting networks or devices. You further acknowledge
and agree that other data collected and maintained by Bands
Across Kansas City with regard to its users may be disclosed
in accordance with Bands Across Kansas City ’s Privacy
Policy.
Bands Across Kansas City also may suspend or terminate any
user account for any Product or Service because of user inactivity.
What is considered “user inactivity” varies depending
on the Product or Service. If one of your accounts is suspended
or terminated for inactivity, your right to use such Product
or Service immediately ceases.
License to Artist and Users Content
By posting Content on Bands Across Kansas City, you warrant
and represent that you own the Content posted by you or otherwise
have the right to grant the license set forth in this section,
and that your Content does not violate the privacy rights,
publicity rights, copyright rights or other intellectual property
rights of ant third party. You agree to pay for all royalties
and fees owing to any person by reason of any Content you
post on Bands Across Kansas City.
With respect to any Content posted by or in connection with
the Products and Services, you hereby grant Bands Across Kansas
City a world-wide, royalty free, irrevocable, perpetual license,
alone or together or as part of other information, Content
and/or material of any kind or nature, to use, copy, modify,
publish, edit, translate, transmit, publicly display, publicly
perform, create compilations, create derivative works of,
distribute and otherwise exploit such Content, to publish
and promote such Content in connection with the particular
Products and Services (including, without limitation, for
advertising and promotional purposes), to publish and promote
such Content elsewhere within Bands Across Kansas City , and
to sublicense such rights through multiple tiers of sublicenses,
all without any obligation to you, whether by way of compensation,
attribution or otherwise. Such license shall apply with respect
to any form, media, or technology now known or hereafter developed.
Third Party Merchandise Sales
Bands Across Kansas City may contain links to third party
web sites where Users can purchase goods or services from
third party merchants (“Merchants”). By submitting
an order to purchase any goods or services from Merchants,
Users are obligated to complete such transactions, subject
to the individual Merchant’s terms and conditions governing
such transactions. Users are prohibited from submitting orders
to purchase goods or services where they do not intend to
complete such transactions.
By submitting an order to purchase goods or services from
an individual Merchant, you acknowledge that you are entering
into a transaction with that Merchant, and that Bands Across
Kansas City and the Bands Across Kansas City Companies are
not parties to the transaction.
Users are obligated to submit information that is true, accurate,
current, and complete. By accepting these Terms and Conditions,
you represent and warrant that all such information submitted
by you is true, accurate, current, and complete. Users are
also required to maintain and update all such information
in order to ensure that it remains true, accurate, current,
and complete. Each time you update such information, you represent
and warrant that such information is true, accurate, current,
and complete.
Users may not purchase goods or services that they are prohibited
from purchasing or possessing by any law applicable to them
in their jurisdictions. The responsibility for ensuring compliance
with all applicable laws shall be the User’s alone.
By submitting an order to purchase goods or services, you
represent and warrant that you have the legal right to purchase
and possess such goods or services.
Bands Across Kansas City has no partnership, joint venture,
employer-employee, or franchisor-franchisee relationship with
any Merchant accessible through Bands Across Kansas City.
Bands Across Kansas City cannot confirm that any particular
Merchant is who that Merchant claims to be. Nor can Bands
Across Kansas City confirm the truth or accuracy of any statements
made by Merchants or control whether Merchants who post statements
on Bands Across Kansas City will act in accordance with those
statements. Bands Across Kansas City will not get involved
in any dispute between Users of the Service and Merchants
who post links on Bands Across Kansas City . The ability to
include links is provided only as a convenience, and the inclusion
of any link by an Artist or User does not imply affiliation,
endorsement, or adoption by Bands Across Kansas City of the
linked site or any information contained therein.
Artist and User Profiles
Artist and Users are invited to post content to their profile
(“Profile”) subject to the following limitations:
(a) Bands Across Kansas City may limit the amount of bandwidth
dedicated to any account; and (b) Bands Across Kansas City
reserves the right to display advertising on Profile pages.
Please consult the Bands Across Kansas City Privacy Policy
for special terms as they relate to Profiles. Profiles are
governed by the entire Terms and Conditions, including, without
limitation, Section 5 (Listener and User Conduct), and you
are encouraged to review these terms carefully. Under no circumstances
may Profiles be used to infringe the copyright or any other
right of any person or entity. Bands Across Kansas City reserves
the right to modify or discontinue the Profiles service at
any time, and you are encouraged to maintain back-up copies
of the content you post on your Profile. The Profile service
may only be used by people who are at least 13 years old.
By registering on Bands Across Kansas City , you represent
and warrant that all registration information you submit is
truthful and accurate and that you will maintain the accuracy
of such information. You further represent and warrant that
you are 13 years of age or older and that your use of the
Bands Across Kansas City will not violate any applicable law.
Your membership is for your sole, personal use, and you will
not authorize others to use your account, including your Profile.
You are solely responsible for all Content published or displayed
through your account, and for your interactions with other
Users.
Please choose carefully the information you post on your Profile
and that you provide to other members. Your Profile may not
include the following items: telephone numbers, street addresses,
last names, URL's or email addresses, and any photographs
posted by you may not contain nudity or any personal information.
Please read Section 5 above, Listener and User Conduct, for
additional terms and conditions regarding your use of Bands
Across Kansas City .
The information provided by other users in their Profiles
may contain inaccurate, inappropriate or offensive material,
products or services for which Bands Across Kansas City assumes
no responsibility or liability.
Bands Across Kansas City reserves the right, in its sole discretion,
to reject, refuse to post or remove any Content posted by
you, or to restrict, suspend, or terminate your access to
all or any part of the Bands Across Kansas City Network, including
Bands Across Kansas City, at any time, for any or no reason,
with or without prior notice, and without liability.
Disclaimer of Warranties
THE 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, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, BANDS ACROSS KANSAS CITY DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED
BY LAW, BANDS ACROSS KANSAS CITY DISCLAIMS ANY WARRANTIES
FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY
INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES
OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
BANDS ACROSS KANSAS CITY SIMILARLY DISCLAIMS, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION
OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BANDS ACROSS KANSAS
CITY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR
THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY,
OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL
IN THE PRODUCTS AND SERVICES. BANDS ACROSS KANSAS CITY DISCLAIMS
ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY,
OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. BANDS
ACROSS KANSAS CITY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY
FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION
OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING,
WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES. BANDS ACROSS KANSAS
CITY MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY
OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY BANDS
ACROSS KANSAS CITY.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, the foregoing disclaimers
may not apply to you insofar as they relate to implied warranties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES
SHALL BANDS ACROSS KANSAS CITYOR ITS LICENSORS BE LIABLE TO
ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF
AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES (EVEN IF BANDS ACROSS KANSAS CITYOR ITS LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH
LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES,
FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND
SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED
BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL
APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION
OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN
ANY WAY TO, BANDS ACRTOSS KANSAS CITY. SUCH LIMITATION SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE
CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE,
FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES
OR OTHER CONTENT STORED THROUGHOUT BANDS ACROSS KANSAS CITYE.
UNDER NO CIRCUMSTANCES SHALL BANDS ACROSS KANSAS CITY A OR
ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE
RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES,
OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES,
ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS,
INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS,
FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS,
NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS
IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted.
In such jurisdictions, the foregoing limitation may not apply
to you.
Disclaimer Regarding Third Party Content
Bands Across Kansas City offers access to numerous third party
web pages and content available over the Internet. In overwhelming
majority instances, including, but not limited to, sites contained
within a directory of links, Bands Across Kansas City has
no control whatsoever over the content of such sites. In other
instances, including, but not limited to, web pages hosted
on Bands Across Kansas City or provided to Bands Across Kansas
City by third parties, Bands Across Kansas City may set guidelines
for what may appear on such web pages and may engage in certain
screening, but generally exercises no control over the content
of such web pages and is unable to police all such content.
Third party content accessible through Bands Across Kansas
City from such sources is developed by people over whom Bands
Across Kansas City exercises no control. Similarly, content
hosted by Bands Across Kansas City which is posted by third
parties, and, with the exception of certain random screening
functions, Bands Across Kansas City cannot and does not screen
such web pages before they are made accessible to other users
of Bands Across Kansas City. Accordingly, neither Bands Across
Kansas City nor its licensors assume any responsibility for
the content of any site linked to the Bands Across Kansas
City web site or in any web page hosted for a third party
within Bands Across Kansas City web site. In instances where
Bands Across Kansas City does review the sites that are displayed
in directories, indices, and/or references, or where Bands
Across Kansas City makes available directories, indices, and/or
references of sites compiled by third parties, the content
located at such sites was developed third parties, and review
of such sites by Bands Across Kansas City, if any, is narrowly
limited to that which is necessary for compiling the particular
set of links.
Storage
Many features of Bands Across Kansas City store information
on behalf of Listeners. Examples include, but are not limited
to chat, Profiles and postings. Bands Across Kansas City reserves
the right, in its sole discretion, to limit the amount of
storage space available per user or to delete materials stored
for an excessive period while the Listener’s account
has been inactive. 14. Indemnity and Release
Advertisers and Content linked to Bands
Across Kansas City
Bands Across Kansas City and the Bands Across Kansas City
Companies may provide, or third parties may provide, links
to other sites or resources located on the World Wide Web
by allowing a user to leave Bands Across Kansas City to access
third-party material or by bringing the third party material
into this site via "inverse" hyperlinks and framing
technology. Bands Across Kansas City and the Bands Across
Kansas City Companies have no control over such sites and
resources. You acknowledge and agree that Bands Across Kansas
City and the Bands Across Kansas City Companies are not responsible
for the availability of such external sites or resources,
and do not endorse and are not responsible or liable for any
content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and
agree that Bands Across Kansas City and the Bands Across Kansas
City Companies shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any
such site or resource.
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Bands
Across Kansas City Products and Services, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser.
You agree that Bands Across Kansas City and the Bands Across
Kansas City Companies shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers
on the Product and Services.
NO LICENSE; INTELLECTUAL PROPERTY OF BANDS
ACROSS KANSAS CITY AND OTHERS
Except as expressly provided, nothing within any of the Products
and Services shall be construed as conferring any license
under any of Bands Across Kansas City's or any third party's
intellectual property rights, whether by estoppel, implication,
waiver, or otherwise. Without limiting the generality of the
foregoing, you acknowledge and agree that certain Content
available through and used to operate Bands Across Kansas
City and the Products and Services is protected by copyright,
trademark, patent, or other proprietary rights of Bands Across
Kansas City and its affiliates, licensors (including, without
limitation, Artists), and service providers. Except as expressly
provided to the contrary, you agree not to modify, alter,
or deface any of the trademarks, service marks, or other intellectual
property made available by Bands Across Kansas City in connection
with the Products and Services. You agree not to hold yourself
out as in any way sponsored by, affiliated with, or endorsed
by Bands Across Kansas City, any of Bands Across Kansas City’s
affiliates, or any of Bands Across Kansas City’s service
providers. You agree not to use any of the trademarks or service
marks or other Content accessible through Bands Across Kansas
City for any purpose other than the purpose for which such
Content is made available to users by Bands Across Kansas
City. You agree not to defame or disparage Bands Across Kansas
City and the Bands Across Kansas City Companies, the trademarks
or service marks of Bands Across Kansas City, or any aspect
of the Products and Services. You agree not to adapt, translate,
modify, decompile, disassemble, or reverse engineer the Products
and Services or any software or programs used in connection
with the Products and Services or Bands Across Kansas City.
16. Copyright, Trademark and Patent Notices.
Linking to Bands Across Kansas and the use
of our logo
Bands Across Kansas City offers a non-assignable, non-transferable,
and non-exclusive license to link to Bands Across Kansas City
web sites, using Bands Across Kansas City logos, subject to
the following provisions. Bands Across Kansas City logos may
be placed on a Web site for the sole purpose of creating a
link to Bands Across Kansas City and allowing users of your
site to access the Products and Services on Bands Across Kansas
City. Bands Across Kansas City logos and may not be used for
any other purpose, including, among other purposes, to suggest
sponsorship by, or affiliation with, or endorsement by Bands
Across Kansas City. Bands Across Kansas City logos may only
be used in accordance with the Bands Across Kansas City Trademark
Usage Guidelines and the instructions found here, and may
only be used in the exact size, shape, colors, design, and
configuration as found on such web page. Bands Across Kansas
City logos may not be altered in any manner. Bands Across
Kansas City logos must appear by themselves, with reasonable
spacing (at least the height of the logo) between each side
of the applicable logo and other graphic or textual elements.
Bands Across Kansas City logos may not be used to disparage
Bands Across Kansas City, its products or services, or in
a manner which, in Bands Across Kansas City’s reasonable
judgment, may diminish or otherwise damage Bands Across Kansas
City’s good will in Bands Across Kansas City logos.
By using any such Bands Across Kansas City Network logo, you
acknowledge that Bands Across Kansas City has exclusive rights
to the logo, and that all good will generated through your
use of the logo will inure to the benefit of Bands Across
Kansas City. If you use Bands Across Kansas City logos, you
must include appropriate attribution, for example: “Bands
Across Kansas City® is a registered trademark of Bands
Across Kansas City, Inc.” Bands Across Kansas City reserves
the right to revoke this license or to alter its terms from
time to time, for any or no reason, with or without notice.
Bands Across Kansas City reserves the right to take action
against any use that does not conform to these provisions.
Indemnity and Release
By using the Bands Across Kansas City web site you agree to
indemnify Bands Across Kansas City, Inc., the Bands Across
Kansas City Companies, and their officers, employees, and
licensors, and hold them harmless from any and all claims
and expenses, including attorney's fees, arising from your
use of the Bands Across Kansas City web site, your use of
the Products and Services, or your submission of ideas and/or
related materials to Bands Across Kansas City or from any
person's use of any account or password you maintain with
Bands Across Kansas City, regardless of whether such use is
authorized by you. By using Bands Across Kansas City, using
the Products and Services, or submitting any ideas and/or
related materials to Bands Across Kansas City, you are hereby
agreeing to release Bands Across Kansas City and its parents,
subsidiaries, affiliates, officers, employees, and licensors
from any and all claims, demands, debts, obligations, damages
(actual or consequential), costs, and expenses of any kind
or nature whatsoever, whether known or unknown, suspected
or unsuspected, disclosed or undisclosed, that you may have
against them arising out of or in any way related to such
disputes and/or to the Products and Services or to any disputes
regarding use of ideas and/or related materials submitted
to Bands Across Kansas City. YOU HEREBY AGREE TO WAIVE ALL
LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE,
YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA
CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Limitations of Actions
You acknowledge and agree that, regardless of any statute
or law to the contrary, any claim or cause of action you may
have arising out of, or relating to, your use of Bands Across
Kansas City or the Products and Services must be filed within
one (1) year after such claim or cause of action arises, or
forever be barred.
Copyright, Trademark and Patent notices
All other marks that appear throughout the Products and Services
belong to Bands Across Kansas City, the Artists featured on
Bands Across Kansas City, or the respective owners of such
marks, and are protected by U.S. and international copyright
and trademark laws. Any use of any of the marks appearing
throughout the Products and Services without the express written
consent of Bands Across Kansas City or the owner of the mark,
as appropriate, is strictly prohibited. Bands Across Kansas
City and the Bands Across Kansas City Companies may provide,
or third parties may provide, links to other sites or resources
located on the World Wide Web by allowing a user to leave
Bands Across Kansas City to access third-party material or
by bringing the third party material into this site via "inverse"
hyperlinks and framing technology. Bands Across Kansas City
and the Bands Across Kansas City Companies have no control
over such sites and resources. You acknowledge and agree that
Bands Across Kansas City and the Bands Across Kansas City
Companies are not responsible for the availability of such
external sites or resources, and do not endorse and are not
responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that Bands Across Kansas
City and the Bands Across Kansas City Companies shall not
be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services
available on or through any such site or resource.
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Bands
Across Kansas City Products and Services, including payment
and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser.
You agree that Bands Across Kansas City and the Bands Across
Kansas City Companies shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers
on
Intellectual Property Infringement Claims
It is the policy of Bands Across Kansas City to respond expeditiously
to claims of intellectual property infringement. Bands Across
Kansas City will promptly process and investigate notices
of alleged infringement and will take appropriate actions
under the Digital Millennium Copyright Act ("DMCA")
and other applicable intellectual property laws. Upon receipt
of notices complying or substantially complying with the DMCA,
Bands Across Kansas City will act expeditiously to remove
or disable access to any material claimed to be infringing
or claimed to be the subject of infringing activity and will
act expeditiously to remove or disable access to any reference
or link to material or activity that is claimed to be infringing.
Bands Across Kansas City will terminate access for Listeners
or Artists who are repeat infringers. Notices of claimed infringement
should be directed to:
E-mail: contactus@bandsacrosskansascity.com
Please put "Notice of Infringement" in the subject
line of all such notifications. When Bands Across Kansas City
removes or disables access to any material claimed to be infringing,
Bands Across Kansas City may attempt to contact the user who
has posted such material in order to give that user an opportunity
to respond to the notification, although Bands Across Kansas
City makes no promise to do so. Any and all counter notifications
submitted by the user will be furnished to the complaining
party. Bands Across Kansas City will give the complaining
party an opportunity to seek judicial relief in accordance
with the DMCA before Bands Across Kansas City replaces or
restores access to any material as a result of any counter
notification.
Arbitration, Governing Law and Forum for
Disputes
Unless expressly stated to the contrary elsewhere within the
Products and Services, all legal issues arising from or related
to the use of the Products and Services shall be construed
in accordance with, and all questions with respect thereto
shall be determined by, the laws of the Commonwealth of Massachusetts
applicable to contracts entered into and wholly to be performed
within said state. Any controversy or claim arising out of
or relating to these Terms and Conditions or any user's use
of the Products and Services shall be settled by binding arbitration
in accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or
claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in
Boston, Massachusetts, and judgment on the arbitration award
may be entered into in any state or federal court in Massachusetts
having jurisdiction thereof. Any party seeking temporary or
preliminary injunctive relief may do so in any state or federal
court in Massachusetts having jurisdiction thereof. Except
as set forth above, the state and federal courts of Massachusetts
shall be the exclusive forum and venue to resolve disputes
arising out of or relating to these Terms and Conditions or
any user's use of the Products and Services. By using the
Products and Services and thereby agreeing to these Terms
and Conditions, users consent to personal jurisdiction and
venue in the state and federal courts in Massachusetts with
respect to all such disputes.
Changes in Terms and Conditions and Changes
in Product and Services
Bands Across Kansas City reserves the right to modify the
Products and Services from time to time, for any reason, and
without notice, including the right to terminate the Products
and Services. Bands Across Kansas City reserves the right
to modify these Terms and Conditions from time to time, without
notice. Please review these Terms and Conditions from time
to time so you will be apprised of any changes.
Merger
These Terms and Conditions constitute the entire agreement
between the parties with respect to the subject matter contained
herein and supersede any other agreements, proposals and communications,
written or oral, between Bands Across Kansas City’s
representations and you with respect to the subject matter
hereof; except that any other terms and conditions located
on any individual Bands Across Kansas City web site or in
connection with the Products and Services are incorporated
herein by reference to the extent they do not conflict with
these Terms and Conditions. To the extent that any other terms
and conditions or terms of service conflict with these Terms
and Conditions, those other provisions shall control with
respect to the use of the particular web site and any Products
or Services available on or through the web site or the respective
Product or Service at which those other provisions may be
found.
Non-Waiver and Separability
Bands Across Kansas City’s failure to exercise any right
or provision of these Terms and Conditions shall not constitute
a waiver of such right or provision. If a court of competent
jurisdiction holds any provision of these Terms and Conditions
to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions
as reflected in the provision, and agree that the other provisions
of these Terms and Conditions remain in full force and effect.
Relationship of Parties
You acknowledge and agree that you and Bands Across Kansas
City are independent contractors under these Terms and Conditions,
and nothing herein shall be construed to create a partnership,
joint venture, agency, or employment relationship. Neither
party pursuant to these Terms and Conditions has authority
to enter into agreements of any kind on behalf of the other
and neither party shall be considered the agent of the other.
No Resale, Assignment, or Sublicensing
You agree not to resell, assign, sublicense, otherwise transfer,
or delegate your rights or obligations under these Terms and
Conditions without prior express written authorization of
Bands Across Kansas City.
Successors and Assigns
Without in any way limiting the prohibition on your resale,
assignment, sublicensing, or other transfer of rights or obligations,
these Terms and Conditions shall be binding upon and inure
to the benefit of the parties hereto and their respective
heirs, successors, and assigns.
Termination/Survival
These Terms and Conditions shall continue in effect for as
long as you use the Products and Services, unless specifically
terminated earlier by Bands Across Kansas City. All provisions
of these Terms and Conditions which impose obligations continuing
in their nature shall survive termination of these Terms and
Conditions.
Communications and Users
You consent to receive communications from Bands Across Kansas
City concerning your use of the Products and Services ("Communications").
The Communications may be those that Bands Across Kansas City
is required to send to you by law concerning the Products
and Services ("Required Communications"). The Communications
may also be those that Bands Across Kansas City sends to you
for other reasons. You consent to receive Communications electronically.
Bands Across Kansas City may provide these Communications
to you by sending an email to the email address you provided
in connection with your account or by posting the Communication
on Bands Across Kansas City. You also consent to receive Communications
by telephone or by postal mail sent to the postal address
you provided in connection with your account. You may change
the email or postal address to which Bands Across Kansas City
sends Communications by visiting your account information
page.
For a period of 120 days from the date that Bands Across Kansas
City first provided a Required Communication to you in electronic
form, you may request a paper copy of such Required Communication
by sending a request to Bands Across Kansas City, Inc. 9744
west 115th street, Overland Park Kansas 66210, Attention:
Customer Service (the "Customer Service Address").
Bands Across Kansas City may charge a reasonable fee for providing
paper copies. You may, without payment of special fees, withdraw
your consent to receive Required Communications electronically
by sending a notice to the Customer Service Address that identifies
your full name, user name and postal mailing address. However,
if you withdraw such consent, then Bands Across Kansas City
reserves the right to terminate your right to use the Products
and Services, including, without limitation, by terminating
your account and any subscription services that you may have.
In order to receive Required Communications, you must provide
Bands Across Kansas City, upon registration with Bands Across
Kansas City, a valid email address to which Bands Across Kansas
City may send electronic mail. Your computer must also have
a modem or other means of Internet access, an Internet browser
such as Internet Explorer version 5.x or above or Netscape
Navigator version 6.x or above, email communications software
capable of receiving and storing electronic mail, and a printer,
if you wish, for printing electronic communications. Bands
Across Kansas City will provide notice of any changes to these
requirements.
Submissions of Ideas
Bands Across Kansas City is always improving its Products
and Services and developing new features. If you have ideas
regarding improvements or additions to Bands Across Kansas
City, we would like to hear them -- but any submission will
be subject to these Terms and Conditions.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR
RELATED MATERIALS TO BANDS ACROSS KANSAS CITY BE SUBJECT TO
ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION.
BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO BANDS
ACROSS KANSAS CITY, YOU ARE WAIVING ANY AND ALL RIGHTS THAT
YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE
REPRESENTING AND WARRANTING TO BANDS ACROSS KANSAS CITY THAT
THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH
YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS
AND THAT BANDS ACROSS KANSAS CITY IS FREE TO IMPLEMENT THE
IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED
OR AS MODIFIED BY BANDS ACROSS KANSAS CITY, WITHOUT OBTAINING
PERMISSION OR LICENSE FROM ANY THIRD PARTY.
Export Controls
Certain software, and related documentation or technical information,
available through Bands Across Kansas City is subject to applicable
laws and regulations of the United States pertaining to export
controls. By using such software or related documentation
or technical information, you represent and warrant that you
are not located in, or under the control of, or a national
or resident of any embargoed country or any country on the
U.S. Department of Commerce's Table of Denial Orders. You
agree not to export or re-export such software or related
documentation or technical information directly or indirectly
to any countries that are subject to United States export
restrictions.
Violations of Terms and Conditions
Should you violate these Terms and Conditions or any other
rights of Bands Across Kansas City and the Bands Across Kansas
City Companies,Bands Across Kansas City and the Bands Across
Kansas City Companies reserve the right to pursue any and
all legal and equitable remedies against you, including, without
limitation, terminating any and all user accounts on any and
all of the Bands Across Kansas City web sites.
If you are aware of any violations of these Terms and Conditions,
please report them to:
Bands Across Kansas City
9744 west 115th Street
Overland Park Kansas, 66210
Please read the entire Terms and Conditions, as all Bands
Across Kansas City properties, Products and Services are offered
subject to these Terms and Conditions.
We hope your enjoyment of Bands Across Kansas City’s
Products and Services will be enhanced by the application
of these Terms and Conditions. It is our belief that your
understanding of the guidelines we have set forth will allow
the Bands Across Kansas City community to continue to be a
place where each of us can prosper, grow, and enjoy ourselves
within an open and non-threatening environment. Thank you
for taking the time to read these Terms and Conditions and
we hope you enjoy our Products and Services.
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