BANDBREAK.COM MEMBER AGREEMENT
Thank you for joining BANDBREAK.COM. This Agreement provides the various terms and conditions that apply to your BANDBREAK.COM membership.
By completing the form and clicking on the “I AGREE” button below, you will be agreeing to the terms and conditions of this Agreement.
You can terminate this Agreement and remove your material at any time by sending an email to BandBreak.com and request such. We will retain NO rights to your material after you have terminated this Agreement.
All copyrights to you material will always belong to YOU and never to BANDBREAK.COM.
Membership Benefits
As a member of BANDBREAK.COM you are entitled to a wide range of benefits. You may review all the many benefits on our Services Page. We reserve the right to modify our benefits at anytime. Some of the benefits involved include special discounted offers from affiliate companies. Each of these affiliate companies is an independent business and as such, we are not responsible for the business transactions that take place between you and these independent companies. Please carefully review the privacy policies, terms of service documents, and all other agreements and documentation presented to you by such companies.
Grant of License
By giving us your songs, text, and graphics, you grant us the right to distribute the same via our BANDBREAK.COM web site.
Artist Guidelines
You agree not to post any content on BandBreak.com that is indecent, obscene, “hate” content, racist, intolerant, defamatory, illegal, or infringes the intellectual property of any third person or entity, including any posting on our message board system. You agree to HOLD BandBreak.com HARMLESS and defend BandBreak.com against any claim arising from your violation of any term or condition of this Agreement. We may post additional artist guidelines on our site and you agree to follow them as well.
Compilations
You grant us permission to use one or more of your songs on a compilation CD. As always, you will own the copyright to your song. You must agree to be bound by our “Promotional Rules” which we will post on our site, but which will include the following:
- Any CD Compilation can be legally copied and distributed by any holder of the CD.
- Since the whole point of this CD Compilation will be to help promote the band’s music, they will be allowed to be copied and distributed for FREE. Burned copies will NOT be permitted to be RESOLD by any party. Only official copies of the band’s original CD may be sold. However, we do not and will not enforce this policy. Your music is placed on the CD to promote your band/act and you must assume the risk that some people may try to sell your music.
- You agree to HOLD BandBreak.com HARMLESS regarding any legal issue, including intellectual property issues that might arise due to your music being placed on our compilation CD.
Digital Download Compilation
The BandBreak.com MonthlyMix Digital Download is a service that is available to all artists. To be included within this service, you must agree to follow all posted rules and guidelines regarding this service. As a condition of including your song, you must provide us with the requested information as indicated in our sign up form pay us the required fee.
Your song will be included on the next available MonthlyMix Digital Download, where it will appear for a period of one month.
Your contract information will be included with the song.
We will distribute and promote the song via our promotional efforts.
Privacy Policy
We respect your privacy. We will never sell, trade, or give away your personal information for any reason. Period. We will also endeavor to make visiting and using our site to be as secure an event as possible. We may use “cookies” to make our site easier to use. Cookies are small programs that help your computer remember and use certain data. You may set your browser to reject cookies, but your enjoyment of the site may be lessened.
Artist Responsibilities
- The artist will only upload works of which the artist is the owner, or has sufficient authority and/or permission to publish the work. Do NOT infringe the copyright of any third party or entity!
- The artist will not upload and publish works which are of pornographic, obscene, hate-oriented or illegal nature, or promote or encourage illegal actions. Determination of suitability will remain the right of the site administrator.
- The artist will not make use of any automated tools to download any works to misrepresent download statistics. Do NOT game our site! The artist will encode all works in mp3 format before upload. See our guidelines for information about the appropriate encoding rate that we accept. All songs must be complete songs, in stereo. No partial songs, please.
- The artist will encode all pictures and photos to .jpg or .gif formats before upload. Pictures will be resized by BandBreak.com to fit the designs of the framework created for the artist's website. Please consult our guidelines for the appropriate dimensions of your graphics so that you pictures don’t get distorted.
- The BandBreak.com website will set cookies in the browser to save and retrieve information relevant to using the site or the administration area.
- The artist will be sent email updates automatically after registering for membership, and will have the opportunity to opt-out of our email database at any time.
You will allow us to:
Prepare and encode Artist Content, or any portion thereof for Digital Transmission.
Display, copy, and reproduce via the Internet your Artist Content.
Use your name(s), group name, approved photograph and/or likeness and approved biographical materials to your benefit on your artist page.
Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANDBREAK.COM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (1) UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE OUR SITE, AND (2) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE IUMA SITE AND ANY SERVICES PROVIDED BY BANDBREAK.COM HEREUNDER. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
No Liability for Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BANDBREAK.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Arbitration/Jurisdiction
This Agreement will be governed by and construed in accordance with the internal laws of the State of New York , excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in New York, New York before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.
You represent that you have carefully read this agreement, that you understand its contents, and that you have had an opportunity to seek independent legal advice with respect to the review and advisability of entering into this Agreement.
I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE BANDBREAK.COM MEMBERSHIP AGREEMENT:
I am over the age of 18, and have authority to sign for the band, if I am not a solo artist.
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