IMPORTANT-READ THESE TERMS CAREFULLY BEFORE ACCESSING OR DOWNLOADING ANY CONTENT FROM THIS WEBSITE. BY ACCESSING/DOWNLOADING CONTENT FROM THIS WEBSITE, YOU HEREBY ACKNOWLEDGE THAT: A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND SOCIAL BANDMAKER, LLP HAS BEEN CREATED; YOU HAVE READ THIS AGREEMENT (HEREINAFTER “AGREEMENT”); YOU COMPREHEND ITS TERMS AND CONDITIONS; YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS; AND ARE AWARE OF THE ADVERSE CONSEQUENCES THAT WILL RESULT FROM YOUR FAILURE TO ABIDE BY THE TERMS AND CONDITIONS CONTAINED HEREIN. SOCIAL BANDMAKER, LLP AND ITS AFFILIATES RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. THE CHANGES WILL APPEAR ON THIS SCREEN. BY ACCESSING/DOWNLOADING CONTENT FROM THIS WEBSITE, YOU AGREE IN ADVANCE TO ACCEPT ANY SUCH CHANGES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS WEBSITE WITHOUT ACCESSING/DOWNLOADING CONTENT.
1. Grant of License
Social Bandmaker, LLP grants to you a non-exclusive, non-transferable license to access this site and to access/download the content with which this license is distributed ("Content"), including any documentation files accompanying the Content ("Documentation") on a single server (if the Content is server based) or personal computer, and to make one backup copy of the Content, provided that: (i) the Content is installed on only one server or personal computer; (ii) the Content is NOT modified; (iii) all copyright, trademark, and other applicable proprietary notices are maintained on the Content; and (iv) you agree to be bound by the terms of this Agreement.
2. Ownership
You have no ownership rights in the Content. Rather, you have a license to use the Content as long as this Agreement remains in full force and effect. Ownership of this Website, Content, Documentation and all intellectual property rights therein shall remain at all times with Social Bandmaker, LLP. Any other use of the Content by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.
3. Intellectual Property Rights
The Content and Documentation contain material that is protected by United States copyright law, trademark law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Social Bandmaker, LLP. You may not remove any proprietary notice of Social Bandmaker, LLP from any copy of Content or Documentation.
SOCIAL BANDMAKER, LLP USER AGREEMENT
4. Restrictions
a) You may not sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement.
b) You may not use the Content in a manner that competes with Social Bandmaker, LLP’s business. This includes offering Content, either for sale or for free, to any third party.
5. Third Parties
You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you or such individuals who come into contact with the Content, and to use reasonable best efforts to ensure their compliance with such terms and conditions.
6. Term
This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Social Bandmaker, LLP if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to Social Bandmaker, LLP in writing that you have complied with these requirements. The balance of the Agreement shall survive any such termination of licensed rights.
7. Limited Warranty
SHOULD THE CONTENT NOT OPERATE AS OUTLINED IN THE USER DOCUMENTATION AT THE TIME OF COMMENCEMENT OF THIS LICENSE, YOUR EXCLUSIVE REMEDY, AND SOCIAL BANDMAKER, LLP'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT SOCIAL BANDMAKER, LLP’S SOLE DISCRETION, CORRECTION OF THE DEFECT.
ANY USE BY YOU OF THE CONTENT IS AT YOUR OWN RISK. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE CONTENT IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOCIAL BANDMAKER, LLP DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOCIAL BANDMAKER, LLP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE CONTENT WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE CONTENT WILL BE CORRECTED, OR THAT THE CONTENT IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. ADVICE PERTAINING TO THE MUSIC INDUSTRY ON THIS WEBSITE IS NOT PROFERRED BY AN ATTORNEY AND YOU SHOULD CONSULT AN ATTORNEY PRIOR TO MAKING ANY LEGAL DECISIONS IN CONNECTION THEREWITH. SOCIAL BANDMAKER, LLP USER AGREEMENT
8. Limitation of Liability
WHILE WE HAVE MADE REASONABLE EFFORTS TO CORRECTLY CATEGORIZE AND RECOMMEND MUSIC INDUSTRY RELATED WEBSITES, SOCIAL BANDMAKER, LLP DOES NOT WARRANT THE ACCURACY OF SUCH INFORMATION. SOCIAL BANDMAKER, LLP AND ITS AFFILIATES DO NOT REVIEW OR MONITOR ANY WEB SITES LINKED TO THIS WEBSITE AND ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY SUCH LINKED WEB SITE. YOUR USE OF SUCH WEB SITES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE USE OF ANY ADVICE, OPINION, RECOMMENDATION, STATEMENT OR OTHER INFORMATION DISPLAYED, LINKED TO, OR DISTRIBUTED THROUGH SAID LINKS IS AT YOUR OWN RISK.
IN NO EVENT WILL SOCIAL BANDMAKER, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF SOCIAL BANDMAKER, LLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. General
This Agreement shall be construed, interpreted and governed by the laws of the State of Tennessee without regard to conflicts of law provisions thereof.
The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in Davidson County, Nashville, Tennessee, USA. This Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably affect the intention of the parties. Except as otherwise provided herein, you hereby agree to indemnify and hold Social Bandmaker, LPP harmless from and against any and all loss, liability, damage, cost and expense, including reasonable attorneys’ fees, resulting from any claim which is inconsistent with or breaches any of the warranties, representations, promises or covenants contained in this Agreement.
*If you are unsure of your rights under this agreement please contact Social Bandmaker, LLP’s legal department either by email at noah@gordonlawgroup.com or by mail at 643 Durrett Dr Nashville, TN 37211
