Terms of Use
Welcome to MyCoolBand.com - MyCoolBand.com is a music-oriented content and information website that provides a service to musical artists and to record companies on behalf of musical artists (each an “Artist” and collectively “Artists”) to post information regarding themselves as well as musical content owned and/or created by them. Unless explicitly stated otherwise, any current, updated and new products and services (“Products and Services”), including the addition of new properties shall be subject to these General Terms and Conditions of Use (“Terms and Conditions”).
By using MyCoolBand you agree to be bound by these Terms and Conditions, whether or not you register as a Listener or Artist. Because the Terms and Conditions contain legal obligations, please read them carefully I know that suck.
1. Acceptance of our Agreement
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to MyCoolBand. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. Condition and Restriction of Use (In short behave on our site or we erase you)
You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that We may terminate your access to the MyCoolBand.com if you should fail to comply with the Terms and Conditions or any other guidelines and rules. Any such termination shall be in MyCoolBand.com sole discretion and may occur without prior notice, or any notice. MyCoolBand.com further reserves the right to terminate any user’s access to MyCoolBand and Services for any conduct that MyCoolBand.com, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to MyCoolBand.com or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. MyCoolBand.com further reserves the right to terminate any user’s access to MyCoolBand or to any of the Products and Services for any reason or for no reason at all, in MyCoolBand.com sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.MyCoolBand.com. Where there is mature or adult content on MyCoolBand, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of MyCoolBand not open to persons under 18 years of age. With respect to general audience content, if MyCoolBand.com learns that anyone under the age of 13 has accessed the Products and Services, MyCoolBand.com will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of MyCoolBand, however, may not be available to children under 13 under any circumstances.
3. Registration and Privacy
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various MyCoolBand.com registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyCoolBand has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, MyCoolBand.com has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
All MyCoolBand.com registrations become the exclusive property of MyCoolBand.com. MyCoolBand.com reserves the right to use and reuse all registration and other personally identifiable user information subject to MyCoolBand.com Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in MyCoolBand.com Privacy Policy.
You acknowledge receipt of MyCoolBand.com Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on MyCoolBand.
4. Responcebilites for Minors
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF MyCoolBand MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
5. LISTENER AND USER CONDUCT
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and NOT MyCoolBand.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. MyCoolBand.com does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use MyCoolBand at your sole risk. Under no circumstances will MyCoolBand.com be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, MyCoolBand.com does not pre-screen user or third party Content posted on MyCoolBand, although MyCoolBand.com reserves the right to do so. MyCoolBand.com does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. MyCoolBand.com reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by MyCoolBand.com.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.
Prohibited Conduct
You agree that you will not use MyCoolBand.com`s Products and Services to:
1. Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
4. Harm minors in any other way.
5. Make any sexual request on behalf of a minor or make any sexual request of a minor.
6. “Stalk” or otherwise harass another.
7. Collect or store personally identifying information about other users for commercial or unlawful purposes.
8. Impersonate any person or entity, including, but not limited to, an MyCoolBand.com official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
9. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
10. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
11. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
12. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
1. Making available copyrighted software or other Content that has had the copyright protection removed.
2. Making available serial numbers for software that can be used to illegally validate or register software.
3. Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
4. Making available any software files for which the user does not own the copyright or have the legal right to make available.
13. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
14. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or MyCoolBand.
15. Use automated means, including additional computers, software and scripts, to enhance play in MyCoolBand.com promotions, increase the number of plays of songs of any particular artist on MyCoolBand or increase traffic to the MyCoolBand artist site of any particular artist.
16. Use automated means, including spiders, robots, crawlers, or the like to download data from any MyCoolBand.com Network database.
17. Conduct your own contests and promotions.
18. Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
19. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any MyCoolBand.com database, including, without limitation, by incorporating data from any MyCoolBand.com database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
20. Sell, distribute, or make any commercial use of data obtained from any MyCoolBand.com database or make any other use of data from any MyCoolBand.com database in a manner which could be expected to offend the person for whom the data is relevant.
21. Create and maintain a MyCoolBand artist site that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a MyCoolBand artist site, post pictures to the MyCoolBand artist site, and have other web pages call the MyCoolBand artist site to retrieve those pictures.
22. Create and maintain a MyCoolBand artist site that contains hyperlinks to content not permitted on MyCoolBand.
23. Disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
24. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
25. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
26. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
27. Disobey any MyCoolBand.com Company employee or representative or interfere with any action by any MyCoolBand.com Company employee or representative to redress any violation of these Terms and Conditions.
28. Access the Products and Services after your account or access has been terminated by MyCoolBand.com.
29. Fail to complete any transaction after submitting an order to purchase any goods or services from individual Artist sites, subject to the individual Artist site’s terms and conditions governing such transactions.
30. Submit any order to purchase goods or services from individual Artist sites where you do not intend to complete the transaction.
31. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
32. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of MyCoolBand.com or the party from whom such software may be licensed.
33. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
34. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to MyCoolBand community or the spirit of these Terms and Conditions.
35. Advertise, offer for sale, or sell any of the following items:
1. Any firearms, explosives, or weapons.
2. Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
3. Any alcoholic beverages.
4. Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
5. Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
6. Any controlled substances or pharmaceuticals.
7. Any counterfeit or stolen items.
8. Any dangerous items.
9. Any goods or services that do not, in fact, exist.
10. Any registered or unregistered securities.
11. Any items that violate or infringe the rights of other parties.
12. Any items that you do not have the legal right to sell.
You acknowledge and agree that MyCoolBand.com and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation MyCoolBand.com and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by MyCoolBand.com, in its sole discretion. MyCoolBand.com may also terminate access to, or membership in, MyCoolBand, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of MyCoolBand, including without limitation, information posted on message boards.
You expressly acknowledge and agree that MyCoolBand.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MyCoolBand.com, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by MyCoolBand.com with regard to its users may be disclosed in accordance with MyCoolBand.coms Privacy Policy.
MyCoolBand.com also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered “user inactivity” varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
6. Limited Licence to Content (Now this is good for you the Artist)
MyCoolBand.com claims NO ownership interest in any of the Content (including, without limitation, master recordings, artwork and photographs) posted by you on MyCoolBand, and the copyright to all such Content shall remain with its original owner.
By posting Content on MyCoolBand, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on MyCoolBand.
In order to make it possible for MyCoolBand.com to provide the Products and Services, you hereby grant MyCoolBand.com a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display, publicly perform and distribute any Content posted by you on or through MyCoolBand, to publish and promote such Content in connection with the particular Products and Services, to publish and promote such Content on any other MyCoolBand.com website through links to MyCoolBand, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate at such time as you remove your Content from MyCoolBand. Means you also let us Use your Content to Promote MyCoolBand.com.
7. Third Party Merchandise sales
MyCoolBand may contain links to third party websites where Users can purchase goods or services from third party merchants (“Merchants”). By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant’s terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.
By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that MyCoolBand, are not parties to the transaction.
Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.
Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.
MyCoolBand.com has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through MyCoolBand. MyCoolBand.com cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can MyCoolBand.com confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements on MyCoolBand will act in accordance with those statements. MyCoolBand.com will not get involved in any dispute between Users of the Service and Merchants who post links on MyCoolBand. The ability to include links is provided only as a convenience, and the inclusion of any link by an Artist or User does not imply affiliation, endorsement, or adoption by MyCoolBand.com of the linked site or any information contained therein.
8. MyCoolBand.com our Player
The MyCoolBand Player and any software contained therein (collectively, the “MyCoolBand Player Software”) are made available to you free of charge subject to the terms and conditions of this license. You may load the MyCoolBand Player into the temporary storage of your computer each time you use it for the sole purpose of engaging in that use "temporary files", provided that you do so in accordance with these Terms and Conditions, and such use does not violate MyCoolBand.com intellectual property rights. You agree not to attempt to, or assist another person to attempt to, circumvent, tamper with, modify, disassemble, decompile, reverse engineer, derive the source code of, or create derivative works from, the MyCoolBand Software, and you may not copy, distribute, publicly display, or publicly perform the MyCoolBand Software except as expressly authorized by these Terms and Conditions. You agree not to modify the MyCoolBand Software in any manner or form, or to use modified versions of the MyCoolBand Software, for any purposes. You may not use the MyCoolBand Software to engage in or allow others to engage in any illegal activity. You may not claim any sponsorship by, endorsement by, or affiliation with MyCoolBand.com.
AS WITH OTHER PRODUCTS AND SERVICES, THE MYCOOLBAND SOFTWARE IS SUBJECT TO THE CAPITALIZED LANGUAGE BELOW REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY.
MyCoolBand.com makes available through MyCoolBand certain music files solely for your personal use. All such music files are subject to copyright and/or other intellectual property protections afforded to the owners of such works. PLEASE BE ADVISED THAT THE UNAUTHORIZED REPRODUCTION, DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE WORKS FROM SUCH WORKS IS STRICTLY PROHIBITED
Please read the entire Terms and Conditions as all MyCoolBand.com properties, Products and Services are subject to these Terms and Conditions.
9. Profiles on our site
Listeners are invited to post content to their profile (“Profile”) subject to the following limitations: (a) MyCoolBand may limit the amount of bandwidth dedicated to any account; and (b) MyCoolBand reserves the right to display advertising on Profile pages. Please consult the MyCoolBand Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, Section 5 (Listener and User Conduct), and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. MyCoolBand reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 13 years old.
By registering on MyCoolBand, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the MyCoolBand will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.
Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers, street addresses, last names, URLs or email addresses, and any photographs posted by you may not contain nudity or any personal information. Please read Section 5 above, Listener and User Conduct, for additional terms and conditions regarding your use of MyCoolBand.
The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which MyCoolBand assumes no responsibility or liability.
MyCoolBand reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the MyCoolBand Network, including MyCoolBand, at any time, for any or no reason, with or without prior notice, and without liability.
10. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MyCoolBand DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MyCoolBand DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. MyCoolBand SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MyCoolBand DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. MyCoolBand DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. MyCoolBand DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. MyCoolBand MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY MyCoolBand.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MyCoolBand OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MyCoolBand OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, MyCoolBand. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT MyCoolBand.
UNDER NO CIRCUMSTANCES SHALL MyCoolBand OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
12. Disclamer regarding third party Content
MyCoolBand offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites contained within a directory of links, MyCoolBand has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on MyCoolBand or provided to MyCoolBand by third parties, MyCoolBand may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through MyCoolBand from such sources is developed by people over whom MyCoolBand exercises no control. Similarly, content hosted by MyCoolBand which is posted by third parties, and, with the exception of certain random screening functions, MyCoolBand cannot and does not screen such web pages before they are made accessible to other users of MyCoolBand. Accordingly, neither MyCoolBand nor its licensors assume any responsibility for the content of any site linked to the MyCoolBand web site or in any web page hosted for a third party within MyCoolBand web site. In instances where MyCoolBand does review the sites that are displayed in directories, indices, and/or references, or where MyCoolBand makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by MyCoolBand, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
13. Storage
Many features of MyCoolBand store information on behalf of Listeners. Examples include, but are not limited to Profiles and postings. MyCoolBand reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the Listener’s account has been inactive.
14. ADVERTISERS AND CONTENT LINKED TO THE MyCoolBand NETWORK
MyCoolBand may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave MyCoolBand to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. MyCoolBand have no control over such sites and resources. You acknowledge and agree that MyCoolBand are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyCoolBand shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MyCoolBand Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MyCoolBand shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
15. NO LICENSE; INTELLECTUAL PROPERTY OF MYCOOLBAND AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of MyCoolBand’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate MyCoolBand and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of MyCoolBand and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by MyCoolBand in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by MyCoolBand, any of MyCoolBand’s affiliates, or any of MyCoolBand’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through MyCoolBand for any purpose other than the purpose for which such Content is made available to users by MyCoolBand. You agree not to defame or disparage MyCoolBand, the trademarks or service marks of MyCoolBand, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or MyCoolBand.
16. INDEMNITY AND RELEASE
By using the MyCoolBand web site you agree to indemnify MyCoolBand, and their officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the MyCoolBand web site, your use of the Products and Services, or your submission of ideas and/or related materials to MyCoolBand or from any person’s use of any account or password you maintain with MyCoolBand, regardless of whether such use is authorized by you. By using MyCoolBand, using the Products and Services, or submitting any ideas and/or related materials to MyCoolBand, you are hereby agreeing to release MyCoolBand and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to MyCoolBand. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
17. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of MyCoolBand or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
18. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All other marks that appear throughout the Products and Services belong to MyCoolBand, the Artists featured on MyCoolBand, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of MyCoolBand or the owner of the mark, as appropriate, is strictly prohibited. MyCoolBand may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave MyCoolBand to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. MyCoolBand have no control over such sites and resources. You acknowledge and agree that MyCoolBand are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyCoolBand shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MyCoolBand Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MyCoolBand shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
19. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of MyCoolBand to respond expeditiously to claims of intellectual property infringement. MyCoolBand will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, MyCoolBand will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. MyCoolBand will terminate access for Listeners or Artists who are repeat infringers. Notices of claimed infringement should be directed to:
MyCoolBand
Please put "Notice of Infringement" in the subject line of all such notifications. When MyCoolBand removes or disables access to any material claimed to be infringing, MyCoolBand may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although MyCoolBand makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. MyCoolBand will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before MyCoolBand replaces or restores access to any material as a result of any counter notification.
20. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the our State applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into in any state or federal court in Massachusetts having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Massachusetts having jurisdiction thereof. Except as set forth above, the state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes.
21. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
MyCoolBand reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. MyCoolBand reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
22. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between MyCoolBand’s representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual MyCoolBand web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
23. NON-WAIVER AND SEPARABILITY
MyCoolBand’s failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
24. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and MyCoolBand are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
25. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of MyCoolBand.
26. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
27. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by MyCoolBand. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
28. COMMUNICATIONS WITH USERS
You consent to receive communications from MyCoolBand concerning your use of the Products and Services ("Communications"). The Communications may be those that MyCoolBand is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that MyCoolBand sends to you for other reasons. You consent to receive Communications electronically. MyCoolBand may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on MyCoolBand. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which MyCoolBand sends Communications by visiting your account information page.
For a period of 120 days from the date that MyCoolBand first provided a Required Communication to you in electronic form, you may request a paper copy of such Required Communication by sending a request to MyCoolBand, Inc. 119 Braintree Street, #605, Boston, MA 02134, Attention: Customer Service (the "Customer Service Address"). MyCoolBand may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Customer Service Address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then MyCoolBand reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account and any subscription services that you may have.
In order to receive Required Communications, you must provide MyCoolBand, upon registration with MyCoolBand, a valid email address to which MyCoolBand may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. MyCoolBand will provide notice of any changes to these requirements.
29. SUBMISSIONS OF IDEAS
MyCoolBand is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to MyCoolBand, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO MyCoolBand BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO MyCoolBand, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO MyCoolBand THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT MyCoolBand IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MyCoolBand, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
30. EXPORT CONTROLS
Certain software, and related documentation or technical information, available through MyCoolBand is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce’s Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.
32. Violations of Terms (In short if you really dont follow the Rules we will get pist)
Should you violate these Terms and Conditions or any other rights of MyCoolBand.com, MyCoolBand.com reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the MyCoolBand.com.
If you are aware of any violations of these Terms and Conditions, please report them to:
MyCoolBand.com Contact page
Thats all
MyCoolBand.com
|
|
|
|
 |
|
|
