BandVista Web Site Terms and Conditions and Privacy Policy
Welcome to BandVista.com, the easy industry website builder for musicians operated by Echo Media, Inc. Echo Media, Inc's BandVista.com("BandVista") makes the Services on this Website ("Site") including all information, documents, communications, files, text, graphics, software, and products included on this Site (collectively "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made by BandVista from time to time (collectively, "Terms and Conditions"). By using any of BandVista's Services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use or access the Services.
Terms & Privacy
1. Eligibility. You must be eighteen or over or represented by someone eighteen or over to register as a member of BandVista or use the Site. Membership in the Service is void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term. This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by BandVista of your written or email notice of termination. BandVista may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to BandVista. If BandVista terminates your membership in the Services because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect.
3. Privacy. BandVista will never sell, distribute or otherwise use your personal information that what is stated on this site. We have a very high regard for the privacy of our members, and we promise that we will protect any information that you provide during the use of our Services.
4. Trademarks / Copyrights. Any image, video, text or any other content that you add or upload to your site must be owned by you. You must be the legal owner of any and all material included on your website, and by using the Services you affirm to abide by this. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. BandVista's Copyright Agent for notice of claims of copyright infringement can be reached as follows: General Counsel, Echo Media, Inc, 120 Suburban Road, Suite 101, Knoxville, TN 37923 USA
5. Content. Content Posted on the Site. You understand and agree that BandVista may review and delete any content, messages, BandVista messages, photos or profiles (collectively, "Content") that in the sole judgment of BandVista violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of any user.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Services, or transmit to other Members.
By posting Content to any public area of BandVista's Services, you automatically grant, and you represent and warrant that you have the right to grant, to BandVista an irrevocable, perpetual, non-exclusive license to display such information and content through the BandVista Services.
The following is a partial list of the kind of Content that is illegal or prohibited on the Site. BandVista reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators. It includes Content that:
- Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You acknowledge and agree that the Services are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Services or any Services related to the Services are expressly disclaimed to the fullest extent permitted by law.
You must use the Service in a manner consistent with any and all applicable laws and regulations.
6. Subscription. Subscription. Subscriptions on monthly and quarterly billings will be automatically renewed unless cancelled by the member within 1 day of the next billing date. Any coupon code applied at the time of the initial transaction will not be applied to any following renewal charges for any account.
7. Domain Names. Domain names (i.e. www.myband.com) may be registered on behalf of the user at the time of Services purchase. If you cancel the service, you can take your domain name with you free of charge as long as you have used the paid Services for a minimum of 3 months. If you wish to cancel before that time and take your domain name with you, you must pay a transfer fee of $20.00 (US Currency). BandVista will not renew your domain name after cancellation of the Services. BandVista is not responsible for failed renewals or unavailable domains.
8. Disclaimers. BandVista is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users of the Site, Members or by any of the equipment or programming associated with or utilized in the Services. BandVista is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Services. BandVista assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. BandVista is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will BandVista be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and BandVista expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BandVista cannot guarantee and does not promise any specific results from use of the Site and/or the Services.
9. Uptime. BandVista does guarantee paying members of the Services an (access) uptime guarantee of 99%. If at anytime BandVista does not provide this uptime, paying members only will be eligible for proportioned compensation never to exceed the cost of (1) month of service. Free members of the Services are not guaranteed a specific amount of server uptime.
10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will BandVista be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Services, even if BandVista has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, BandVista's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to BandVista for the Services during the term of membership.
11. U.S. Export Controls. Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Disputes. If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Tennessee, City of Knoxville.
13. Indemnity. You agree to indemnify and hold BandVista, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
14. Other. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and BandVista regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Contact Information
All requests for further information or for general inquiries of the Services should be directed to:
Echo Media Inc. 120 Suburban Road, Knoxville, TN, 37923 USA Tel: +1 877 569 6118 email: support@bandvista.com