IMPORTANT: These terms and conditions are a binding agreement between You and Pick The Band ("Company" or "We" or "Us"). This Agreement governs your use of, and access to, this website, www.PickTheBand.com ("Website"). If you do not agree to the terms listed below, you should not access the Website or use any of the features or functions of the Website.
1) Acceptance. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act ("E-Sign Act"). You manifest your assent to this Agreement by any act demonstrating your acceptance, including clicking any button containing the words “I agree” (or similar syntax) or merely accessing the Website, regardless of whether you have read all of the terms of this Agreement.
3) Revisions. We reserve the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in its sole and absolute discretion. Changes in this Agreement will be posted at www.picktheband.com. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this Agreement. Your continued use of the Website after any changes are made, shall be deemed your acceptance of the changes.
4) Copyright; Trademarks.
a) a) The Website is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The contents of the Website are solely for your personal, non-commercial use. All materials contained on the Website are owned or controlled by the Company or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website. Copying or storing of any content from the Website (except incidental storage by a Web browser) is expressly prohibited without prior written permission from the Company or the copyright holder as identified on the Website.
b) b) The Company owns many trademarks, including but not limited to the name, “PICK THE BAND”, and all graphics and logos that appear on the Website (collectively, the “Trademarks”). You agree not to use any of the Trademarks without the Company’s express written permission, or claim any affiliation with the Website without the Company’s consent.
5) No Endorsement; Inclusion.
a) The bands at the Website are have been selected by the Company for inclusion in the Website; however, an appearance of a particular band on or through the Website does not mean that the Company endorses or sponsors that musician or band. Neither the Company nor the Website endorses any particular musician or band featured on the Website.
b) Inclusion of a band at the Website is in the sole discretion of the Company. The Company reserves the right to include (or exclude) any musician or band from the Website at any time for any reason whatsoever, without prior notice.
c) We have no obligation to post or publish any material or content that you or any other visitor submits to the Website. We have the right but not the obligation, in our sole and absolute discretion, to edit, remove or delete any material or content submitted by any visitor and to prohibit, suspend, or cancel any access to the Website for any reason whatsoever.
6) Uploaded Content.
a) The Website offers you the opportunity to share your thoughts and opinions about the various bands that appear on the Website. The Website welcomes the opinions of all visitors, and you understand and agree that by posting your thoughts or opinions on the Website you may be subjected to other people’s opinions that may be critical of your opinions.
b) The Website does not generally edit or censor visitors’ opinions; however, upon discovery, the Website will promptly remove any postings that contain content which is unlawful, threatening, abusive, libelous, defamatory, obscene, profane or indecent. We reserve the right to log the IP address of anyone who posts such content at or through the Website, and prevent such person(s) from using the Website in the future.
c) Further, you agree that you will not upload, post, transmit, distribute or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law, (iii) violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party, (iv) contain a virus or other harmful or potentially harmful component, (v) contain any information advertising of any kind, including but not limited to references to other websites, and/or (vi) constitute or contain false or misleading indications of origin or statements of fact.
7) Website Content.
a) The Website contains information, offers, text, and other materials (collectively, “Information”) that are provided for your convenience and enjoyment. Much of the Information is provided by third parties. You should be aware that the Information might contain errors, omissions, inaccuracies, or outdated information. The Company makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Information and shall not be liable for any lack of the foregoing.
b) Third party affiliates and advertisers (collectively, “Affiliates”) may offer goods, services and other materials to you on or through the Website. Your correspondence and business dealings with these Affiliates including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the Affiliates. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Information on the Website.
8) WARRANTY; LIMITATIONS. THE WEBSITE, INCLUDING ALL CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT (i) THE CONTENT, OFFERS, FUNCTIONS, MATERIALS, PRODUCTS AND INFORMATION ACCESSIBLE THROUGH OR PURCHASED AT THE WEBSITE, (ii) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR HYPERTEXT LINKS TO THIRD PARTIES, AND/OR (iii) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
FURTHER, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
9) Limitation of Liability.. Under no circumstances shall Company be liable for any direct, special, incidental, indirect or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Website even if the Company has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10) Indemnity. You agree to indemnify Company, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as "Indemnitees") and Company agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys' fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against Company and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from your use of the Website.
11) Florida Law and Jurisdiction.. Notwithstanding any provision to the contrary, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws rules. The parties consent to the sole and exclusive jurisdiction and venue of the Florida state courts in Broward County, Florida, for all state court matters, and the Southern District of Florida for all federal court matters, arising from or relating to the Website, this Agreement or any transaction involving the Company.
12) Notices; Electronic Notification.
a) When you agree to use or access the Website, you consent to receive any privacy or other notices, agreements, disclosures, reports, documents, communications, or other records (collectively, “Notices”), from the Company electronically. You consent to receive Notices electronically in either or both of the following ways: (i) We may post the Notice on our website (www.picktheband.com) or, in our sole discretion, (ii) We may transmit the Notice to you by email.
b) All Notices provided to you electronically will be deemed to be "in writing." You acknowledge and agree that your consent to receive Notices electronically is being provided in connection with a transaction affecting interstate commerce that is subject to the E-Sign Act, and that we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
13) Links; Linking.
a) Some websites which are linked to the Website are owned and operated by third parties. Because the Website has no control over such websites and resources, you acknowledge and agree that Website is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
b) You further acknowledge and agree that the Website 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 third-party content, goods or services available on or through any such website or resource. If you decide to access any such third party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
c) Links to external websites (including external websites that are framed by the Website) or inclusions of advertisements do not constitute an endorsement by the Website of such websites or the content, products, advertising or other materials presented on such Website, but are for the convenience of visitors to the Website.
a) As part of the registration process with the Website, you will be required to enter a unique user name and password which you must provide in order to gain access to certain functions and features of the Website. You certify that when asked to choose a username you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party.
b) We reserve the right to disallow the use of usernames that we, at our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of this Agreement or in any other way we, in our sole discretion, deem inappropriate.
c) You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. The Website will not release your password for security reasons.
d) You are permitted only to register, maintain and vote under a single account; multiple accounts are not permitted. You shall not maintain, operate, register, manipulate or otherwise exercise control over multiple accounts for any purpose whatsoever. If we believe, in our sole discretion, that an account has been created in violation of this section, or we believe, in our sole discretion, that a particular member is acting in violation of this section, we reserve the right to terminate the questionable account, terminate the relevant member’s account, and/or disqualify all votes that were cast from such account or by such member.
15) Digital Millennium Copyright Act.
a) The Website respects the intellectual property of others, and we ask our visitors to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Website’s Designated Copyright Agent the following information:
i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii) Description of the copyrighted work or other intellectual property that you claim has been infringed;
iii) A description of where the material that you claim is infringing is located on the Website;
iv) Your address, telephone number, and email address;
v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
b) You may send your notice of Claimed Infringement to.
Michael N. De Biase
Attorney at Law
Becker & Poliakoff, P.A.
3111 Stirling Road
Fort Lauderdale, Florida 33312
Ext. 15145 (954.985.4145)
Please do not sent other inquires or information to our Designated Agent.
16) Notice and Takedown Procedures.
a) The Website implements the following "notice and takedown" procedure upon receipt of any notification of claimed copyright infringement.
i) The Website reserves the right at any time to disable access to, or remove any material or activity accessible on or from the Website or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
ii) It is the firm policy of the Website to terminate the account of repeat copyright infringers, when appropriate, and the Website will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The Website’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and §512 of the DMCA, but does comply with three requirements for identifying Website that are infringing according to §512 of the DMCA, the Website shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements.
iii) When the Designated Agent receives a valid notice, the Website will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
17) Miscellaneous.. This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.