Bands in Brooklyn

Terms of Service

Last Updated: JULY 4, 2016

1. GENERAL

Bands in Brooklyn provides services through its websites, programs and computer servers, including but not limited to musician profiles and browsing features. (All such services are referred to collectively herein as "Bands in Brooklyn.") By accessing or using Bands in Brooklyn, you are a "user" and you accept and agree to the terms below (the "Terms of Use" or "TOS") as a legal contract between you and Bands in Brooklyn. Bands in Brooklyn may post changes to the TOS at any time, and any such changes will be applicable to all subsequent access to or use of Bands in Brooklyn.

If you do not accept and agree to all provisions of the TOS, now or in the future, you may reject the TOS by immediately terminating all access and use of Bands in Brooklyn, in which case any continuing access or use of Bands in Brooklyn is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on Bands in Brooklyn.

Bands in Brooklyn is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

The TOS grant you a limited, revocable, nonexclusive license to access Bands in Brooklyn and use Bands in Brooklyn, in whole or in part, including but not limited to Bands in Brooklyn intellectual property therein, solely in compliance with the TOS.

"Bands in Brooklyn" is a trademark of Bands in Brooklyn and is protected by United States and international laws. The TOS do not authorize you to use "Bands in Brooklyn" or any similar or related marks for any use pertaining to social networks, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with Bands in Brooklyn.

2. MODERATION

Bands in Brooklyn has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, emails, and any other user communications ("content")) posted to, stored on or transmitted via Bands in Brooklyn by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of Bands in Brooklyn) by any user (or any other third party in any manner); and to enforce the TOS, for any reason and in any manner or by any means that Bands in Brooklyn, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). Bands in Brooklyn may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Bands in Brooklyn action or inaction to regulate content or conduct or to enforce against any potential violation of the TOS by any user (or any other third party) does not waive Bands in Brooklyn's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOS violation.

You also understand and agree that any action or inaction by Bands in Brooklyn or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Bands in Brooklyn Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOS violation is undertaken voluntarily and in good faith, and you expressly agree that neither Bands in Brooklyn nor any Bands in Brooklyn Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOS.

Although Bands in Brooklyn Representatives may moderate content, conduct and TOS compliance on Bands in Brooklyn at Bands in Brooklyn's discretion, Bands in Brooklyn Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of Bands in Brooklyn will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of Bands in Brooklyn will otherwise stop, cure or prevent any problem, content, conduct or purported TOS violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any Bands in Brooklyn Representative (or by anyone else acting on behalf of Bands in Brooklyn or by anyone purportedly acting on behalf of Bands in Brooklyn) that Bands in Brooklyn (including but not limited to any Bands in Brooklyn Representative, anyone else acting on behalf of Bands in Brooklyn, or anyone purportedly acting on behalf of Bands in Brooklyn) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOS violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that Bands in Brooklyn, Bands in Brooklyn Representatives and anyone else authorized to act on behalf of Bands in Brooklyn shall in no circumstance be liable as a result of any representation that Bands in Brooklyn, a Bands in Brooklyn Representative or anyone else on behalf of Bands in Brooklyn would or would not restrict or redress any content, conduct or potential or purported TOS violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by Bands in Brooklyn's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Bands in Brooklyn also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of Bands in Brooklyn at any time without notice. Bands in Brooklyn and Bands in Brooklyn Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

3. CONTENT AND CONDUCT

a. Content

Bands in Brooklyn does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from Bands in Brooklyn includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via Bands in Brooklyn); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to Bands in Brooklyn would violate these TOS or Bands in Brooklyn's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on Bands in Brooklyn and all such prohibitions are expressly incorporated into these TOS as stated in the above sections.

You agree to indemnify and hold Bands in Brooklyn and Bands in Brooklyn Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOS. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Bands in Brooklyn or Bands in Brooklyn Representatives.

b. Conduct

Bands in Brooklyn does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to Bands in Brooklyn, and, if you create an account on Bands in Brooklyn, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold Bands in Brooklyn and Bands in Brooklyn Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to Bands in Brooklyn, and related to or arising out of any conduct or activities on, through or by use of your Bands in Brooklyn account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Bands in Brooklyn or Bands in Brooklyn Representatives.

4. POSTING AND ACCOUNTS

This section applies to all uses and users of Bands in Brooklyn, unless Bands in Brooklyn has specifically authorized an exception to a particular term for a particular user in a written agreement. Bands in Brooklyn has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

a. Postings

It is expressly prohibited for any third party to post content to Bands in Brooklyn on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to Bands in Brooklyn using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to Bands in Brooklyn for each instance of access to Bands in Brooklyn (by any user or other third party) using that automated means.

b. Accounts

A user may maintain and use no more than one account to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOS.

A user must only use his/her own account.

The purchase and sale of accounts is expressly prohibited.

A user must create his/her account personally and manually and may not create accounts by any automated means. The circumvention of any technological restriction or security measure in the account creation process is also expressly prohibited.

5. UNAUTHORIZED ACCESS AND ACTIVITIES

This section applies to all uses and users of Bands in Brooklyn, unless Bands in Brooklyn has specifically authorized an exception to a particular term for a particular user in a written agreement. Bands in Brooklyn has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section.

To maintain the integrity and functionality of Bands in Brooklyn for its users, access to Bands in Brooklyn and/or activities related to Bands in Brooklyn that are harmful to, inconsistent with or disruptive of Bands in Brooklyn and/or its users' beneficial use and enjoyment of Bands in Brooklyn are expressly unauthorized and prohibited. For example, without limitation:

Any access to or use of Bands in Brooklyn to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Bands in Brooklyn (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

Any effort to decompile, disassemble or reverse engineer all or any part of Bands in Brooklyn in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of Bands in Brooklyn in compliance with the TOS or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of Bands in Brooklyn in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOS.

6. DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON BANDS IN BROOKLYN AND CONTENT ACCESSED THROUGH BANDS IN BROOKLYN IS ENTIRELY AT YOUR OWN RISK. BANDS IN BROOKLYN (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS AND SERVICES) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, BANDS IN BROOKLYN ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF BANDS IN BROOKLYN AND CONTENT ACCESSED THROUGH BANDS IN BROOKLYN (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF BANDS IN BROOKLYN OR CONTENT ACCESSED THROUGH BANDS IN BROOKLYN (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF BANDS IN BROOKLYN OR CONTENT ACCESSED THROUGH BANDS IN BROOKLYN (INLIUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON BANDS IN BROOKLYN OR IN CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

7. LIMITATIONS OF LIABILITY

BANDS IN BROOKLYN AND THE BANDS IN BROOKLYN REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON BANDS IN BROOKLYN OR CONTENT ACCESSED THROUGH BANDS IN BROOKLYN BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO BANDS IN BROOKLYN OR CONTENT ACCESSED THROUGH BANDS IN BROOKLYN INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INLIUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF BANDS IN BROOKLYN OR ANY BANDS IN BROOKLYN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF BANDS IN BROOKLYN OR CONTENT ACCESSED THROUGH BANDS IN BROOKLYN ANY INABILITY TO ACCESS OR USE BANDS IN BROOKLYN OR CONTENT ACCESSED THROUGH BANDS IN BROOKLYN OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF BANDS IN BROOKLYN OR CONTENT ACCESSED THROUGH BANDS IN BROOKLYN.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF BANDS IN BROOKLYN OR CONTENT ACCESSED THROUGH BANDS IN BROOKLYN (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON BANDS IN BROOKLYN AND LINKS IN CONTENT ACCESSED THROUGH BANDS IN BROOKLYN).

You hereby release Bands in Brooklyn and each of the Bands in Brooklyn Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Bands in Brooklyn or content accessed through Bands in Brooklyn, or any interactions with others arising out of or related to Bands in Brooklyn or content accessed through Bands in Brooklyn, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), 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, if known by him must have materially affected his settlement with the debtor."

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

8. NOTIFICATION OF LIAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please send a message to hello@gohendrix.com.

9. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of the TOS may cause Bands in Brooklyn immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOS or other applicable legal requirements, Bands in Brooklyn has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOS. In addition to any and all other remedies available to Bands in Brooklyn in law or in equity, Bands in Brooklyn may seek specific performance of any term in the TOS, including but not limited to by preliminary or permanent injunction.

10. DAMAGES

In addition to any injunctive relief, you agree to pay to Bands in Brooklyn the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOS for which you bear responsibility.

11. MISCELLANEOUS

These TOS constitute the entire agreement between you and Bands in Brooklyn and supersede any prior written or oral agreement. Other than the Bands in Brooklyn Representatives (who are expressly included as named third-party beneficiaries of the TOS), there are no third-party beneficiaries to the TOS.

Any and all claims, causes of action or disputes (regardless of theory) between you and Bands in Brooklyn arising out of or related to the TOS, Bands in Brooklyn or content accessed through Bands in Brooklyn shall be governed by the laws of the State of New York without regard to conflict or choice of law principles. You and Bands in Brooklyn agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of Kings, New York and you and Bands in Brooklyn agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOS is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOS shall remain in full force and effect.

12. FEEDBACK

Comments on these TOS can be directed at hello@gohendrix.com