1. Information Collection and Use by Band-It Magazine
Band-It Magazine collects user submitted information such as name, email address, and age to authenticate users and to send notifications to those users relating to the Band-It Magazine service. Band-It Magazine also collects other profile data including but not limited to: personal interests, gender, age, education and occupation in order to assist users in finding and communicating with each other.
Band-It Magazine also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes.
User Profile information including members' pictures and first names are displayed to people in order to facilitate user interaction in the Band-It Magazine music community. User's email address is not shared or displayed to people within a user's personal network. Users within a Band-It Magazine network communicate on Band-It Magazine with each other internally through the Band-It Magazine service, without disclosing their email addresses. Users' full names are never directly revealed to other members. To facilitate searching on the Website, Band-It Magazine allows users to search for other members using first name, band or artist name. We may also use a user's email address to send updates or news in the form of a newsletter regarding the Service. Users may choose not to receive email of this type by changing their "my newsletters" setting to not include undesirable newsletter types in the user "Account Settings".
From time to time, Band-It Magazine or a partner, may sponsor a promotion or contest on Band-It Magazine. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.
Links
Band-It Magazine contains links to sites. Band-It Magazine is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on Band-It Magazine.
Chat Rooms, Journals and WebLogs, Message Boards, Classifieds and Public Forums.
Please be aware that whenever you voluntarily post public information to Journals, WebLogs, Message Boards, Classifieds or any other Public Forums that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.
Correcting/Updating or Removing Information
Band-It Magazine users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit - Personal Data and Account Info.
Security
Band-It Magazine member accounts are secured by member-created passwords Band-It Magazine takes precautions to ensure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time
Sharing and Disclosure of Information Band-It Magazine Collects Except as otherwise described in this privacy statement, Band-It Magazine will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Band-It Magazine, whether or not a response is required by applicable law; (2) to enforce the Band-It Magazine Terms of Use Agreement or to protect our rights; or (3) to protect the safety of members of the public and users of the service. Band-It Magazine reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Band-It Magazine or substantially all of its assets to that successor in interest.
2. Disclaimers. Band-It Magazine is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Band-It Magazine is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Band-It Magazine 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, any user or Member communication. Band-It Magazine 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 any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Band-It Magazine be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Band-It Magazine expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Band-It Magazine cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
3. Limitation on Liability. IN NO EVENT SHALL Band-It Magazine BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF Band-It Magazine HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Band-It Magazine's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Band-It Magazine FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
4. Arbitration, Jurisdiction & Governing Law. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these terms and conditions, the Band-It Magazine Web site, or your use of the Information (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Operator toward the other, shall be determined exclusively by final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in the State of Alabama. You and Operator also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. You and Operator may litigate in court only to compel arbitration under these terms of use or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach these terms and conditions in any manner which violates or may violate Operator's or any of its licensor's intellectual property rights, or may cause continuing or irreparable harm to Operator (including, but not limited to, any breach that may impact Operator's or it's licensor's intellectual property rights, or a breach by reverse engineering), Operator may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. You and Operator must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) To the fullest extent permitted by applicable law: no arbitration under these terms and conditions shall be joined to an arbitration involving any other current or former licensee of Operator, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Operator); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Operator). These terms and conditions shall be governed by the laws of the State of Alabama and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Alabama. These terms and conditions will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
5. Indemnity. You agree to indemnify and hold Band-It Magazine, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal 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.
6. Other. This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Band-It Magazine regarding the use of the Website and/or the Service. The failure of Band-It Magazine to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Band-It Magazine is a trademark of Band-It Magazine.