Bandjive.com, LLC
Liability Disclaimer and User Agreement
1. Introduction and General Information
a. To become a user of this website, you must be at least 18 years of age and you must read and accept all terms and conditions of this Agreement. The use of this website is offered to you, the “user”, conditioned upon acceptance of the terms, conditions, and notices contained herein, without modification. By using this website you certify that you have read, accept and understand the terms and conditions of this Agreement.
b. Bandjive.com, LLC (“Bandjive”), is a Wyoming Limited Liability Company and is governed by the laws of the State of Wyoming.
c. Bandjive’s sole purpose is to serve as a forum in which music lovers can display, share and access music products.
d. Bandjive does not transfer legal ownership of items from seller to buyer, and nothing in this Agreement shall modify the governing provisions of the Wyoming Commercial Code or of the Uniform Commercial Code.
2. Disclaimer of Liability and Reliability:
a. Bandjive has no control over and does not guarantee the quality, safety or legality of items advertised or the truth or the accuracy of listings. Furthermore, Bandjive makes no representation about the suitability, reliability, availability, timeliness or accuracy of any information contained on this website for any purpose.
b. Bandjive is not responsible for other user’s actions or inactions and is in no way responsible for the transfer of goods.
c. By using this website, users their heirs, personal representatives and assigns, hereby fully and irrevocably release and forever discharge Bandjive from any and all legal liability, claims, demands, actions, causes of action, damages, costs and expenses of any kind or nature.
3. Disclaimer of Express and Implied Warranties:
a. The products and information displayed on the website are “as is” without warranty of any kind. Bandjive hereby disclaims all warranties, including all implied warranties of merchantability and fitness for a particular purpose.
4. Disclaimer of Endorsement:
a. Any reference made by this website to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Bandjive. The views and opinions of users expressed herein do not necessarily reflect those of Bandjive.
5. Indemnity:
a. Users agree to indemnify, hold harmless and defend Bandjive, and its members from and against any and all loss, damage, claim, liability, or expense, including reasonable attorneys fees, which may be made by any third party due to or arising out of your use of this website and/or breach of this Agreement.
6. Artist Warranty:
a. All artist users represent and warrant that all music or music merchandise:
i. Is your or your band’s own original work;
ii. You have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary to enter into this agreement;
iii. The material does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights;
iv. The material does not and will not violate and law, statute, ordinance or regulation;
v. The material is not and will not be defamatory, trade libelous, pornographic or obscene;
vi. All factual assertions that you have made or will make to us are true and complete and if any member of your group is a minor, you hereby warrant that you have the legal right to execute this Agreement on behalf of the minor artist and guarantee such person’s performance of terms of this Agreement;
vii. You shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the music or music merchandise;
viii. You agree to indemnify us and our merchandise buyers and hold the same harmless from any and all damages and costs, including reasonable attorney’s fees, arising out of or related to your breach of the representations and warranties described in this section; and
ix. These warranties shall survive any termination of this agreement.
7. License: You hereby grant Bandjive a royalty-free, perpetual, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, distribute, publicly perform, display, or sublicense any or all of your or your band’s music including any portion thereof, by any and all means and media now known or hereafter devised for the purpose of sales promotion.
8. Name and Likeness: You hereby grant to Bandjive permission, on a non-exclusive basis, throughout the Universe, to use your name(s), group name, approved photograph and or likeness(es) and biographical materials solely in connection with the distribution, promotion, marketing and advertising of the music and/or music merchandise. You also agree not to assert any privacy, publicity, moral or similar rights held by you (and any other person(s) whose performances are embodied in the music and/or music merchandise) under the laws of the United States and any other country in connection with the exploitation of such materials.
9. Artists Rights: You shall at all times retain all right, title and interest in and to your music and music merchandise provided by you hereunder, including, without limitation, the copyrights therein and thereunto. Bandjive respects the intellectual property of others, in appropriate circumstances and at its discretion; Bandjive may suspend access and take other action against users that infringe the copyrights or other intellectual property rights of others. Bandjive reserves the right to decline to post any material at any time and for any reason at its discretion.
10. Entire Agreement and Severability:
a. This Agreement contains the entire agreement between the parties, and the terms of this Agreement are contractual and not a mere recital. If any portion of this Agreement is held invalid, it is agreed that the balance of the Agreement will remain effective.
11. Jurisdiction and Governing Law:
a. This Agreement shall be governed under the laws of the State of Wyoming. Any claim or dispute arising out of this Agreement shall be resolved by a court located in Sheridan County, Wyoming. Sheridan County, Wyoming is the exclusive forum for resolution of disputes/claims. By using this website you agree to submit to the personal jurisdiction of the courts located in Sheridan County, Wyoming. Bandjive has the right to recover reasonable attorney’s fees and expenses from any individual who attempts to initiate any action in any other forum.