By joining or using Band Weblogs you're agreeing to abide by the Terms of Service below. By agreeing to these terms, you're taking responsibility for your own actions.
From time to time BandWeblogs.com may supplement these Terms of Service with additional terms pertaining to specific content or events, ("Additional Terms"), which Additional Terms may be placed on BandWeblogs.com to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
When you register for BandWeblogs.com, you will be required to provide BandWeblogs.com with the following information: user name, your nickname, e-mail address and password. In addition, you may choose to provide BandWeblogs.com with additional information.
BandWeblogs.com reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences; such offers may be provided to you by BandWeblogs.com.
BandWeblogs.com reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access BandWeblogs.com and/or any other service provided to you by BandWeblogs.com including any guest blogger entries, journal account, advertisements, links, profile and/or e-mail account obtained through BandWeblogs.com upon any breach by you of the Terms of Service or if BandWeblogs.com learns that you have provided BandWeblogs.com with false or misleading registration information.
4. Modifications of these Terms of Service
BandWeblogs.com may modify these Terms of Service from time to time in its sole discretion. Each time you log on to BandWeblogs.com, you will be deemed to have accepted any such changes.
5. Modifications of BandWeblogs.com
BandWeblogs.com may modify or discontinue BandWeblogs.com with or without notice to you and without liability to you or any third party.
6. Content of Messages
You alone are responsible for the content of your messages, and the consequences of any such messages. BandWeblogs.com reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. BandWeblogs.com is to be used by you for your personal use only. Commercial uses of BandWeblogs.com are strictly prohibited unless prior written consent from BandWeblogs.com has been granted. You agree that you will not use BandWeblogs.com for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use BandWeblogs.com to send or post comments, journals, guest blogger entries, articles, profiles or any place on BandWeblogs.com, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. BandWeblogs.com reserves the right to delete any such material from BandWeblogs.com. BandWeblogs.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of BandWeblogs.com. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use BandWeblogs.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) BandWeblogs.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to BandWeblogs.com, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on BandWeblogs.com is not protected by Rights rests with you. You acknowledge that BandWeblogs.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content to BandWeblogs.com (http://community.bandweblogs.com), (http://www.bandweblogs.com/guestbloggers) which shall include your user name, your name, email address and/or member nickname, to any "public area" of BandWeblogs.com, including guest blogger entries, emails, articles, press, reviews, links, members area, journals, profiles, comments, forums, surveys, contests and chat rooms, you grant BandWeblogs.com and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, delete, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber and/or guest to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on BandWeblogs.com retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS ON BandWeblogs.com, YOU HEREBY EXPRESSLY PERMIT BandWeblogs.com TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY BandWeblogs.com IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
7. Third Party Services
You may order services or merchandise through BandWeblogs.com from other persons not affiliated with BandWeblogs.com ("Seller"). All sales of service or merchandise associated with BandWeblogs.com are owned and operated by Sellers. All matters concerning the merchandise and services desired from Seller, including but not limited to return policies, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. BandWeblogs.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider BandWeblogs.com nor will BandWeblogs.com be construed as a party to such transactions, whether or not BandWeblogs.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
BandWeblogs.com may include special routing icons which may be located within BandWeblogs.com, the activation of which will allow you to access and learn more about BandWeblogs.com and other services provided by BandWeblogs.com or its affiliates whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
8. Registration and Password
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify BandWeblogs.com of any unauthorized use of your registration or password.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF BandWeblogs.com IS AT YOUR SOLE RISK. BandWeblogs.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BandWeblogs.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
BandWeblogs.com MAKES NO WARRANTY THAT BandWeblogs.com WILL MEET YOUR REQUIREMENTS, OR THAT BandWeblogs.com WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BandWeblogs.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BandWeblogs.com. BandWeblogs.com WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF BandWeblogs.com.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BandWeblogs.com IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT BandWeblogs.com DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH BandWeblogs.com. BandWeblogs.com IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BandWeblogs.com NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN BandWeblogs.com, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. BandWeblogs.com ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
BandWeblogs.com SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN BandWeblogs.com IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BandWeblogs.com OR THROUGH http://community.BandWeblogs.com, http://www.bandweblogs.com/guestbloggers SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
BandWeblogs.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH BandWeblogs.com OR ANY TRANSACTIONS ENTERED INTO THROUGH BandWeblogs.com.
BandWeblogs.com IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE BandWeblogs.com's SITE. As a convenience to our members, we may provide links and news feeds to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against BandWeblogs.com with respect to such sites.
BY PERMITTING ENTRIES, ARTICLES, JOURNALS, PROFILES, ADVERTISING, CLASSIFIED AND PERSONAL ADVERTISING, BandWeblogs.com MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. BandWeblogs.com specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements and articles. By posting journal entries, guest blogger entries, comments, articles, profiles and personal advertisements on BandWeblogs.com, you are promising that the content of your article, entry, comment, profile or advertisement is true and that you will indemnify BandWeblogs.com against any claims which may arise from your content within entries, comments, profiles, advertisements or articles. By responding to an article, entry, comment, profile, advertisement, classified or personal advertisement on BandWeblogs.com, you waive any claims against BandWeblogs.com for damages arising from such advertisement or your reliance upon statements in such entries, advertisement, profiles, comments and articles.
10. Limitation of Liability
BandWeblogs.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE BAND WEBLOGS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH BandWeblogs.com OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF BandWeblogs.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BandWeblogs.com assumes no responsibility for the deletion of or failure to store member profiles, journal entries, guest blogger entries, articles, comments, links, private messages, email addresses and or e-mail messages.
12. Promotional Messages
BandWeblogs.com and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. BandWeblogs.com makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither BandWeblogs.com nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of BandWeblogs.com, their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of BandWeblogs.com, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
14. Applicable Law
These Terms shall be governed by and construed in accordance with the law of England and Wales without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the England for any and all disputes, claims and actions arising from or in connection with the information provided to you hereunder.
15. Remedies for Breach of these Terms by You
In the event that BandWeblogs.com determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of Band Weblogs, BandWeblogs.com reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to BandWeblogs.com, (iii) delete all content provided by you to BandWeblogs.com, (iv) discontinue your registration with Band Weblogs and/or any other BandWeblogs.com community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which BandWeblogs.com deems to be appropriate.
16. Notification of Claims of Infringement
If you feel that a member has infringed on your copyright or trademark, contact the BandWeblogs.com Webmaster. All such notices will be acted on as quickly as possible, in accordance with terms of the Digital Millennium Copyright Act (DMCA) and the Online Copyright Infringement Liability Limitation Act (OCILLA).
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service 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.
BandWeblogs.com may assign its rights and obligations under these Terms of Service and upon such assignment BandWeblogs.com may be relieved of any further obligation hereunder.
You represent to BandWeblogs.com that you have the authority to register with BandWeblogs.com according to these Terms of Service.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on Band Weblogs by BandWeblogs.com) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of BandWeblogs.com, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
BandWeblogs.com reserves the right to charge fees, surcharges and/or membership fees at any time.
If you need additional information, please contact firstname.lastname@example.org.