Legal Section
Documents available for viewing: Terms of Use
REAL HEADWAY, LLC. BAND COMMAND WEBSITE ("Band Command website") TERMS OF USE AND AGREEMENT BETWEEN REAL HEADWAY, LLC. AND USERS, MEMBERS
INTRODUCTION: Welcome to Band Command - the place where musicians get stuff done! Real Headway, LLC., through its web portal Band Command ("Band Command website"), provides musicians and other people ("User") with variety of useful tools and information ("Service"), including, but not limited to: Music venue information, Music venue photographs, music tips and advice, social and business networking tools, restaurant coupons, restaurant menus, maps, Sponsor banners, and games. Band CommandŐs purpose is to provide musicians and consumers valuable information and coupons listed on Venue Pages ("Venue Pages") while helping each Real Headway, LLC. Customer ("Customer") achieve revenue through Coupon redemption. By using BandCommand.com, ("Band Command website") you agree you are a User of the Band Command website to be bound by these Terms of Use ("Agreement"), whether or not you register as a member ("Member"). Member is defined as any person who electronically signs up through the Band Command website and accepts membership with REAL HEADWAY, LLC ("Band Command website"). If you wish to become a Member, communicate with other Members, and make full use of the REAL HEADWAY, LLC. and Band Command Service, read these Terms of Use and follow the instructions in the Registration process. Band Command (the "Band Command website") shall mean all web pages located on and within Bandcommand.com, such as www.Bandcommand.com and www.Bandcommand.com/search (each, a "Bandcommand.com Page", Venue Page", and collectively, the ("Band Command website") and all content, products and services offered on those web Pages. The Band Command website may offer, without limitation, paid and free subscription services, other paid and free products and services, sweepstakes, advertisements and promotions. This Agreement sets out the legally binding terms for your membership and use of the site, may be modified by REAL HEADWAY, LLC. from time to time. Any modifications shall be effective upon posting by REAL HEADWAY, LLC. on the Band Command website. This Agreement, accepted upon use of the Band Command website and further affirmed by becoming a Member of the Band Command website, contains the entire agreement between you and REAL HEADWAY, LLC. regarding the use of the Band Command website 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. You may receive a copy of this Agreement by emailing us at: terms@realheadway.com, Subject: Terms of Use Agreement.
Your use of the Band Command website is conditioned on your acceptance without modification of the terms and conditions contained herein. By using the Band Command website, 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. If you are merely surfing or browsing through the site and have not yet registered to become a member, your use of the Website is still subject to the Terms of Use; if you do not agree to the Terms of Use, do not use the Website. If you continue to use the Band Command website, you will be deemed to have accepted the terms and conditions of the Agreement.
ELIGIBILITY. The Band Command website is intended for access and use by Users 13 years of age and older. By accessing and using the website, you are certifying that you are at least 13 years old. If you are a minor under the age of 13, you cannot use the Band Command website. If you are a minor under the age of 18, you cannot sign up as a Member.
TERM. This Agreement will remain in full force and effect while you use the Band Command website and/or are a Member of the Band Command website and REAL HEADWAY, LLC. You may terminate your membership at any time, for any reason by sending an e-mail to: terminate_account@bandcommand.com, Subject: Terminate Account, or upon receipt by REAL HEADWAY, LLC. of your written or email notice of termination. REAL HEADWAY, LLC. may terminate your access to the Band Command website. REAL HEADWAY, LLC. may terminate your membership for any reason effective upon sending notice to you at the email address you provide in your registration for membership or such other email address as you may later provide to REAL HEADWAY, LLC. Even after this Agreement is terminated, all provisions remain in effect.
PRIVACY. Use of the REAL HEADWAY, LLC. Band Command website and/or the REAL HEADWAY, LLC. Service is governed by our PRIVACY POLICY.
CONTENT. You acknowledge that:
(i) The Band Command website contains information, communications, software, photos, video, graphics, music, sounds, Coupons, and other material and services (collectively "Content");
(ii) Such Content is provided under license by Users, Members, REAL HEADWAY, LLC. and its affiliates;
(iii) At minimum, REAL HEADWAY, LLC. owns a copyright in the arrangement and enhancement of such Content;
(iv) REAL HEADWAY, LLC. permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights");
(v) These Rights are valid and protected in all media and technologies existing now or later developed; and
(vi) Except as explicitly provided otherwise, this Agreement, applicable copyright and other laws govern your use of Content.
You understand and agree that REAL HEADWAY, LLC. may review, edit, or and delete any content, messages, photos or profiles that in the sole judgment of REAL HEADWAY, LLC. violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Users and Members. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. By posting Content to any public area of REAL HEADWAY, LLC., you automatically grant, and you represent and warrant that you have the right to grant, to REAL HEADWAY, LLC. an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand and agree that REAL HEADWAY, LLC. may review, edit, or and delete any content and messages that are invalid, such as outdated booking information. Accordingly, you may not: (1) post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; (2) Upload files that contain software or other material protected by Intellectual Property laws or other applicable laws unless the User owns or controls the rights thereto or has received all necessary consents; (3) post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content; (4) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law; or (5) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another User, member, sponsor, or customer of the Band Command website or other person or entity; (6) post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by REAL HEADWAY, LLC. to be offensive; (7) copy, distribute, transmit, display, perform, reproduce, publish, license, sell any information, software, products or services obtained from the Band Command website; (8) post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other Users, individuals or entities, except in those areas that are expressly designated for such a purpose (e.g., the classified areas), or collect or harvest screen names of other Users, without permission; (9) violate any operating rule, policy or guideline of any other interactive service, including, but not limited to, the operating policies of the International Areas; (10) Upload files that contain corrupted files, viruses or any other similar software files the intent of which is to damage the operation of another's computer.
DISCLAIMERS. Each User and Member must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. REAL HEADWAY, LLC. does not pre-screen Content as a matter of policy: however REAL HEADWAY, LLC. and its affiliates shall have the right, but not the responsibility, to remove and edit any and all Content that they deem harmful, offensive or otherwise in violation of this Agreement. Accordingly, you acknowledge that neither REAL HEADWAY, LLC., nor its affiliates, shall assume or have any liability for any action or inaction by REAL HEADWAY, LLC. or its affiliates, with respect to Content on, or Content changes within, Band Command website. You also agree and accept that as new products and services become available on or through Band Command website, your use of these products is subject to this Agreement. REAL HEADWAY, LLC. is not responsible for any incorrect or inaccurate Content posted on the Band Command website or in connection with the Service, whether caused by Users of the Band Command website, Members, Users, or by any of the equipment or programming associated with or utilized in the Service. REAL HEADWAY, LLC. is not responsible for the conduct, whether online or offline, of any User of the Band Command website or Member of the Service. REAL HEADWAY, LLC. 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, Member, or Customer communications. REAL HEADWAY, LLC. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of communications on account of technical problems or traffic congestion on the Internet or at any Band Command website or combination thereof, including injury or damage to Users, Members, and/or Customers 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 REAL HEADWAY, LLC. be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Band Command website or the Service, any Content posted on the Band Command website or transmitted to Members, or any interactions between Users of the Band Command website, whether online or offline. The Band Command website and the Service are provided "AS-IS" and REAL HEADWAY, LLC. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. REAL HEADWAY, LLC. cannot guarantee and does not promise any specific results from use of the Band Command website and/or the Service.
THIRD PARTY COMMUNICATIONS. In your use of the Band Command website, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Band Command website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. REAL HEADWAY, LLC. shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. REAL HEADWAY, LLC. does not endorse any sites on the Internet which are linked through the Band Command website. REAL HEADWAY, LLC. is providing these links to you as a matter of convenience, and in no event shall REAL HEADWAY, LLC. be responsible for any content, products, or other materials on or available from such sites.
INFRINGEMENT NOTICE REAL HEADWAY, LLC. respects the intellectual property of others, and we ask our members to do the same. REAL HEADWAY, LLC. may, in appropriate circumstances and at its discretion, terminate the accounts of Users who infringe the intellectual property rights of others.
COPYRIGHT POLICY: 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. If you believe that your work has been copied and is accessible on a REAL HEADWAY, LLC. Band Command website page in a way that constitutes copyright infringement, please send an e-mail to info@realheadway.com Subject: Copyright Concern. Please provide the following information in the body of the e-mail: 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 Band Command website; 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; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
PROPRIETARY RIGHTS NOTICES. All contents of the Band Command website are:
Copyright 2005 REAL HEADWAY, LLC.,
Portland World Trade Center
121 SW Salmon St. Suite 1100
Portland OR 97204
U.S.A.
All rights reserved.
DISPUTES. If there is any dispute about or involving the Band Command website and/or the Service, by using the Band Command website, you agree that the dispute will be governed by the laws of the State of Oregon 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 Oregon, City of Portland. You are solely responsible for your interactions with other REAL HEADWAY, LLC. and Band Command website Members. REAL HEADWAY, LLC. reserves the right, but has no obligation, to monitor disputes between you and other Members.
MONITORING. You acknowledge and agree that REAL HEADWAY, LLC. has the right to monitor use of the Band Command website electronically and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Band Command website properly, or to protect itself or its Users, Members and Customers. REAL HEADWAY, LLC. will not intentionally monitor or disclose any private email message unless required by law. REAL HEADWAY, LLC. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement. In any case, you hereby indemnify and hold REAL HEADWAY, LLC. harmless (including attorneys' fees) for any use or misuse of REAL HEADWAY, LLC. services hereunder.
PROMOTIONAL USE OF MATERIALS. You agree to allow REAL HEADWAY, LLC. to use any and all material, content, images, music, news and other materials associated with Your REAL HEADWAY, LLC. member account for advertising, promotional and marketing purposes. You or, if appropriate, the Artist, will retain all rights to this music, art and promotional material and REAL HEADWAY, LLC. in no way claims ownership of or copyright to any of Your original materials or to any original materials belonging to Artists associated with Your REAL HEADWAY, LLC. account. You further agree to indemnify and save harmless REAL HEADWAY, LLC. for any loss or damage resulting from any unlawful third party stealing, copying or otherwise using the work product created by REAL HEADWAY, LLC. with Your or Your artists' promotional materials.
INDEMNIFICATION. User agrees to defend, indemnify and hold harmless REAL HEADWAY, LLC., its affiliated companies, its employees, Customers, contractors, officers, and directors from all liabilities, claims and expenses, including attorneys fees, that arise from your use of the Band Command website. REAL HEADWAY, LLC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter. Except in jurisdictions where such provisions are restricted, in no event will REAL HEADWAY, LLC. 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 Band Command website or the Service, even if REAL HEADWAY, LLC. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, REAL HEADWAY, LLC.Ős liability to you for any cause whatsoever, and regardless of the form of the action, if any, by REAL HEADWAY, LLC. to you, will at all times be limited to the amount of commission due to Members for the Member Card referral of business resulting in the sale of a Customer Coupon during the term of membership.
SEVERABILITY. To the maximum extent possible, each provision in this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.
WARRANTY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE BAND COMMAND WEBSITE IS AT YOUR SOLE RISK. THE BAND COMMAND WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL REAL HEADWAY, LLC. AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE BAND COMMAND WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE BAND COMMAND WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, REAL HEADWAY, LLC.'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. REAL HEADWAY, LLC. DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE BAND COMMAND WEBSITE, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.