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Version 3.0 as
of June 1, 2006
Set forth below
are the terms of service (these "Terms of Service")
governing the New Orleans Bands.net web site located
at, or linked to through, the root URL www.neworleansbands.net,
which may expand or change from time to time (the
"Website"). As used herein, the term 'New Orleans
Bands.net" refers to 504 Productions.com, the
sole owner and operator of the Website; the term
"you" or "your" refers to an individual, representing
yourself or, if applicable, acting as legal representative
for a group, business entity or corporation.
CAREFULLY READ
THESE TERMS OF SERVICE. BY AVAILING YOURSELF OF
THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING
TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH
TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED
BELOW.
Use of Materials
Found on the Website:
The information, artwork, text, audio, pictures,
software and other intellectual property (collectively,
"Materials") contained on the Website are protected
by copyright and international laws. You may only
access and use the Materials for personal or educational
purposes or as expressly provided for in applicable
New Orleans Bands.net terms of service. You may
not otherwise reproduce, distribute, publicly
perform, publicly display, modify or create derivative
works of the Materials, unless authorized by the
appropriate copyright owner(s). In the event that
you print Materials found on the Website, you
must include any copyright notice originally included
with the Materials on all copies. You should not
attempt to "pass off" any Materials as your own
work. Any computer software downloadable or otherwise
available on the Website is provided subject to
the terms of the applicable license agreement.
Sites Linked
From the Website:
Links to third-party web sites from the Website
are not necessarily under New Orleans Bands.net's
control, and New Orleans Bands.net does not assume
any responsibility or liability for any content,
opinions or materials available at such third-party
web sites. New Orleans Bands.net does not investigate,
monitor or check for accuracy such third-party
web sites and New Orleans Bands.net does not intend
any such links to third-party web sites to imply
New Orleans Bands.net's sponsorship or endorsement
thereof. Your use of such web sites is at your
own risk.
"Framing" the
Website:
Framing of the Website is permitted only by express
agreement with New Orleans Bands.net, and New
Orleans Bands.net may require if specific measures
are to be taken to avoid user or consumer confusion.
Such measures may include, but are not limited
to: clearly attributing the displayed Material
to the Website or providing each user or consumer
with the opportunity to visit the Website directly
by, for example, including a tab labeled "Remove
Frames." New Orleans Bands.net reserves the right
to withhold consent for any reason and any failure
to monitor or control each instance of the framing
of the Website shall not be considered a waiver
of any of New Orleans Bands.net's rights. Any
framing of the Website shall not imply the endorsement
or sponsorship of New Orleans Bands.net, or New
Orleans Bands.net Affiliates, as hereafter defined.
Copyright and
Trademark Infringement Policy and Notification
Procedure:
New Orleans Bands.net does not own the musical
compositions, sound recordings, art or other written
or visual images (collectively, the "Content")
posted by third parties to the Website. All Content
is posted by an individual, group or company (collectively,
the "Artist") who has represented and warranted
to New Orleans Bands.net that, among other things,
neither the Content nor the names, trademarks
and service marks under which Content is promoted
(collectively, the "Name") infringes any third
party's copyright, patent, trademark, trade secret
or other proprietary rights, rights of publicity
or privacy, or moral rights (see the section titled
Representations and Warranties of the current
New Orleans Bands.net Submission Agreement at
http://www.neworleansbands.com/terms/submission_agreement.html).
Since New Orleans
Bands.net is not in a position to determine who
has the prevailing claim to use any particular
Content or Name posted to the Website, its policy
on such matters is that they be resolved directly
by the parties alleging misuse of their Content
and/or Name (the "Complainants") and the Artists.
We recommend that Complainants immediately notify
Artists about allegations of infringement by going
to the Artist's page on the Website, clicking
the URL of the home page and using the email to
transmit a message. It has been New Orleans Bands.net's
experience that most Artists are honest and responsible
citizens who may not realize they are engaged
in infringing activities. Typically, once notified
of a claim, Artists voluntarily cease using such
infringing Content and/or Name on the Website
and elsewhere.
Complainants may
notify New Orleans Bands.net concerning any Content
and/or Name being used on the Website in violation
of their rights either by providing all requested
information in the manner described in Nos. 1-9
below, or by contacting us here.
New Orleans Bands.net only shall use information
provided by Complainants in accordance with its
then-current Privacy Policy
and as reasonably necessary to address any allegations
contained therein, which may include disclosing
some or all of the information to Artists. In
most cases, soon after receiving written notice
alleging infringement, New Orleans Bands.net either
will remove the allegedly infringing Content and/or
Name from those web pages identified or, at its
election, remove those web pages.
- Complainant's
full name and if applicable, the name of the
business entity represented.
- Complainant's
mailing address and if applicable, the mailing
address of the business entity represented.
- Complainant's
daytime telephone number.
- Complainant's
email address, if any.
- Description
or identification of the Content and/or Name
in which exclusive rights are claimed.
- Basis for asserting
ownership or exclusive rights in the Content
and/or Name.
- URL of all web
pages on the Website where the Content and/or
Name is known to be located.
- Reprint the
following sentence: "By submitting this notification
of infringement to New Orleans Bands.net, under
penalty of perjury and to the best of my knowledge
I attest that none of the information provided
herein is false or misleading, I am the person
identified in No. 1 above and I own, or I am
authorized to act on behalf of the owner of
the Content and/or Name."
- Submit - (a)
by email, sign electronically, then transmit
to dantheman@neworleansbands.net;
subject: "Infringement Notification;" or (b)
by mail, sign physically then mail to New Orleans
Bands.net, c/o 504 Productions.com, 4453 East
Falk Street, New Orleans, LA 70121, Attention:
Daniel Carrone.
Questions concerning
New Orleans Bands.net's Copyright and Trademark
Infringement Policy and Notification Procedure
should be addressed as described in No. 9 above.
Please note, until
receiving notification from Artists and Complainants
that their disputes have been resolved, it is
unlikely that New Orleans Bands.net knowingly
will permit any Artist, including the Complainant,
to post such allegedly infringing the Content
and/or the Name on the Website. Of course, New
Orleans Bands.net will be happy to cooperate as
is reasonable with respect to implementing any
agreement among the parties to such a dispute.
Forward-Looking
Statements:
The Website may contain projections or other forward-looking
statements regarding future business events or
activities. New Orleans Bands.net cautions you
that any such statements reflect only predictions
and that actual developments, results and events
might differ materially. Nothing contained on
the Website constitutes a solicitation by New
Orleans Bands.net of the purchase or sale of securities.
Modification
of Terms of Servives:
New Orleans Bands.net may modify these Terms of
Servives from time to time in its sole discretion.
When such modification is made, New Orleans Bands.net
will post a revised version of these Terms of
Servives on the Website. Modifications will be
effective when they are posted. New Orleans Bands.net
is not required to provide you with notification
that any such modification has been made. It is
your responsibility to review these Terms of Servives
from time to time to be aware of any such modifications.
Each time you visit the Website, you will be deemed
to have accepted any such modifications.
Your Conduct:
You shall use the Website for lawful purposes
only. You shall not post or transmit via the Website
any material which violates or infringes in any
way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate
any law, or which, without New Orleans Bands.net's
express prior approval, contains advertising or
any solicitation with respect to products or services.
International
Use:
New Orleans Bands.net makes no representation
that Materials on this Website are appropriate
or available for use in locations outside the
United States, and accessing them from territories
where their contents are illegal is prohibited.
Those who choose to access the Website from locations
outside the United States do so at their own risk
and are responsible for compliance with local
laws.
WARRANTY DISCLAIMER:
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND
RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE,
MATERIALS AND RELATED SERVICES ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. NEW ORLEANS
BANDS.NET MAKES NO REPRESENTATIONS OR WARRANTIES
WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN,
WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY
IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE,
COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION,
NEW ORLEANS BANDS.NET MAKES NO REPRESENTATION
THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED
OR ERROR-FREE. NEW ORLEANS BANDS.NET WILL NOT
BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS
OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS
OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT
OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE
AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE
ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING
THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION
OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL NEW
ORLEANS BANDS.NET BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED
THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER
APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS
DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES
OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO
SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO
YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED
AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND
WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of
Liability:
By availing yourself of the Website, Materials
or related services, you agree to release and
hold New Orleans Bands.net and the employees,
officers, directors, shareholders, agents, representatives
of New Orleans Bands.net, its affiliates, subsidiaries,
advertising, promotion and fulfillment agencies,
any entity controlling, controlled by or under
common control with New Orleans Bands.net, any
third-party providers or sources of information
or data and legal advisers (collectively, "New
Orleans Bands.net Affiliates") harmless from any
and all losses, damages, rights, claims and actions
of any kind arising from or related to the Website,
Materials or related services including but not
limited to: (a) telephone, electronic, hardware
or software, network, Internet or computer malfunctions,
failures or difficulties of any kind; (b) failed,
incomplete, garbled or delayed computer transmissions;
(c) any condition caused by events beyond the
control of New Orleans Bands.net that may cause
the Website or related services to be disrupted
or corrupted; (d) any injuries, losses or damages
of any kind arising in connection with or as a
result of your use of the Website, Materials or
related services; or (e) any printing or typographical
errors in any materials associated with the Website,
Materials or related services. In addition, you
agree to defend, indemnify and hold New Orleans
Bands.net Affiliates harmless from any claim,
suit or demand, including reasonable attorney's
fees, made by a third party due to or arising
out of your utilizing the Website, Materials or
related services, your violation or breach of
these Terms of Servives, your violation of any
rights of a third party, or any other act or omission
by you. IN NO EVENT WILL NEW ORLEANS BANDS.NET
BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF
REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS
(HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN
IF NEW ORLEANS BANDS.NET WAS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
General Provisions:
You agree to comply with all applicable laws regarding
the transmission of technical data exported from
the United States or the country in which you
reside. Your correspondence or business dealings
with, or participation in promotions of or with
parties found on or through the Website, including
payment and delivery of related goods or services,
and any other terms, conditions, warranties or
representations applicable to such dealings, are
solely between you and such parties. These Terms
of Servives are governed in all respects by the
laws of the State of Louisiana as such laws are
applied to agreements entered into and to be performed
entirely within Louisiana between Louisiana residents.
Legal proceedings related to the matters herein
shall be brought in and adjudicated solely in
the courts of Jefferson, Louisiana, United States
of America. Both parties consent to extra-territorial
service of process and submit to the jurisdiction
of said courts. If any provision of these Terms
of Servives is held to be invalid or unenforceable,
such provision shall be struck and the remaining
provisions shall be enforced. New Orleans Bands.net's
failure to act with respect to a breach by you
or others does not waive its right to act with
respect to subsequent or similar breaches. These
Terms of Servives set forth the entire understanding
and agreement of the parties as to the subject
matter hereof and supersede all prior proposals,
discussions or agreements with respect thereto.
A printed version of these Terms of Servives and
of any notice given in electronic form shall be
admissible in judicial or administrative proceedings
based upon or relating to these Terms of Servives
to the same extent and subject to the same conditions
as other business documents and records originally
generated and maintained in printed form.
©
2004, 2005 New Orleans Bands.net, All rights reserved.
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