Welcome to BandMix.ca, the service for bands and musicians to meet each other online operated by
Echo Media Online. Knoxville, TN ("BandMix.ca").
By using the BandMix.ca Website (the "Website") you agree to be bound by these Terms
of Use (this "Agreement"), whether or not you register as a member ("Member") or create
a profile ("Profile"). If you wish to become a Member and communicate with other Members and make
use of the BandMix.ca service (the "Service"), read these Terms of Use and indicate
your acceptance of them by following the instructions in the registration process.
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by
BandMix.ca from time to time, such modifications to be effective upon posting by BandMix.ca on the Website. This Agreement includes BandMix.ca's Acceptable Use Policy for Content Posted on the Website,
BandMix.ca's Privacy Policy, and any notices regarding the Website. You may also receive a copy of this Agreement
by e-mailing us at: support@bandmix.ca,
Subject: Terms of Use Agreement.
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Eligibility. You must be sixteen or over or represented by someone eighteen or over to register as a
member of BandMix.ca or use the Website. Membership in the Service is void where
prohibited. By using the Website, you represent and warrant that you have the right, authority, and
capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
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Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member.
You may terminate your membership at any time, for any reason by following the instructions on the Resign
pages in Account Settings, or upon receipt by BandMix.ca of your written or e-mail
notice of termination. BandMix.ca may terminate your membership for any reason,
effective upon sending notice to you at the e-mail address you provide in your application for membership,
or such other e-mail address as you may later provide to BandMix.ca.
If
BandMix.ca terminates your membership in the Service because you have breached the
Agreement, you will not be entitled to any refund of unused subscription fees.
Even after membership is
terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain
provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.
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Non Commercial Use by Members. Illegal and/or unauthorized uses of the Website, including collecting
usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending
unsolicited e-mail and unauthorized framing of or linking to the Website will be investigated, and
appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive
redress.
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Proprietary Rights in Content on BandMix.ca. BandMix.ca owns
and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted
material, trademarks, and other proprietary information of BandMix.ca, and its
licensors. Except for that information which is in the public domain or for which you have been given
written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell
any such proprietary information.
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Content Posted on the Site.
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You understand and agree that BandMix.ca may review and delete any content,
messages, BandMix.ca Messenger messages, photos or profiles (collectively,
"Content") that in the sole judgment of BandMix.ca violate this
Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten
the safety of Members.
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You are solely responsible for the Content that you publish or display (hereinafter,
"post") on the Service, or transmit to other Members.
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By posting Content to any public area of BandMix.ca, you automatically grant,
and you represent and warrant that you have the right to grant, to BandMix.ca an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute such information and content and to prepare derivative works of, or
incorporate into other works, such information and content, and to grant and authorize sublicenses
of the foregoing.
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The following is a partial list of the kind of Content that is illegal or prohibited on the Website.
BandMix.ca reserves the right to investigate and take appropriate legal action
in its sole discretion against anyone who violates this provision, including without limitation,
removing the offending communication from the Service and terminating the membership of such
violators. It includes Content that:
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Is patently offensive to the online community, such as Content that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
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Harasses or advocates harassment of another person;
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Involves the transmission of "junk mail", "chain letters," or unsolicited
mass mailing or "spamming";
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Promotes information that you know is false, misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous;
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Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links to pirated music
files;
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Contains restricted or password only access pages, or hidden pages or images (those not linked to
or from another accessible page);
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Provides material that exploits people under the age of 18 in a sexual or violent manner, or
solicits personal information from anyone under 18;
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Provides instructional information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, or providing or creating computer viruses;
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Solicits passwords or personal identifying information for commercial or unlawful purposes from
other users; and
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Engages in commercial activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, and pyramid schemes.
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You must use the Service in a manner consistent with any and all applicable laws and regulations.
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You may not include in your Member description any telephone numbers, street addresses, last names,
URLs or e-mail addresses unless specifically requested to.
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You may not engage in advertising to, or solicitation of, other Members to buy or sell any products
or services through the Service. You may not transmit any chain letters or junk e-mail to other
Members. Although BandMix.ca cannot monitor the conduct of its Members off the
Website, it is also a violation of these rules to use any information obtained from the Service in
order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or
sell to any Member without their prior explicit consent. In order to protect our Members from such
advertising or solicitation, BandMix.ca reserves the right to restrict the
number of e-mails which a Member may send to other Members in any 24-hour period to a number which
BandMix.ca deems appropriate in its sole discretion.
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All members (Free and Premier) can receive, read and reply to all messages sent to their account.
However, to initiate contact with other members, you need to be a Premier member.
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Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written consent of the owner of
such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied
and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright
Agent with the following information: an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim
has been infringed; a description of where the material that you claim is infringing is located on the
Website; your address, telephone number, and e-mail address; a written 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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner's behalf.
BandMix.ca's Copyright Agent for notice of claims of copyright infringement can be
reached as follows: General Counsel, Echo Media, Inc,
8905 Kingston Pike Ste12, PMB#149, Knoxville, TN 37923
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Subscription. Subscriptions will be automatically renewed unless
cancelled by the member within 1 day of the next billing date. Any coupon code applied at the time of
the initial transaction will not be applied to any following renewal charges for any account. All Initial Payments are Final.
Renewing Membership fees may be refunded if requested within 10 days of the transaction and membership services have not been used since that time.
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Member Disputes. You are solely responsible for your interactions with other BandMix.ca Members. BandMix.ca, Inc. reserves the right, but has no obligation, to monitor
disputes between you and other Members.
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E-mail Opt-Out. When joining BandMix.ca, you agree to periodic e-mails designed to improve
your experience on Bandmix. These e-mails include messages with information on potential musician matches, message
notifications, and system notifications. You can opt-out of any or all of these messages by one of the following methods:
Logging into your account, clicking E-mail Options, and disabling any mailers you do not wish to
receive, or Contacting customer service or calling toll-free at 877 569 6118.
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Privacy. Use of the Website and/or the Service is also governed by our
Privacy Policy.
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Disclaimers. BandMix.ca is not responsible for any incorrect or inaccurate Content
posted on the Website or in connection with the Service, whether caused by users of the Website, Members
or by any of the equipment or programming associated with or utilized in the Service.
BandMix.ca is not responsible for the conduct, whether online or offline, of any
user of the Website or Member of the Service. BandMix.ca assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or alteration of, user or
Member communications. BandMix.ca is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers or providers, computer
equipment, software, failure of e-mail or players on account of technical problems or traffic congestion
on the Internet or at any Website or combination thereof, including injury or damage to users and/or
Members or to any other person's computer related to or resulting from participating or downloading
materials in connection with the Web and/or in connection with the Service. Under no circumstances will
BandMix.ca be responsible for any loss or damage, including personal injury or
death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or
transmitted to Members, or any interactions between users of the Website, whether online or offline.
The Website and the Service are provided "AS-IS" and BandMix.ca expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
BandMix.ca cannot guarantee and does not promise any specific results from use of
the Website and/or the Service.
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Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will
BandMix.ca be liable to you or any third person for any indirect, consequential,
exemplary, incidental, special or punitive damages, including also lost profits arising from your use of
the Web site or the Service, even if BandMix.ca has been advised of the possibility
of such damages. Notwithstanding anything to the contrary contained herein, BandMix.ca's
liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to BandMix.ca for the Service during the
term of membership.
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U.S. Export Controls. Software from this Website (the "Software") is further subject to United
States export controls. No Software may be downloaded from the Website or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or
any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on any such list.
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Disputes. If there is any dispute about or involving the Website and/or the Service, by using the
Website, you agree that the dispute will be governed by the laws of the State of Tennessee without regard
to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and
federal courts of the State of Tennessee, City of Knoxville.
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Indemnity. You agree to indemnify and hold BandMix.ca, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim,
or demand, including reasonable attorney's fees, made by any third party due to or arising out of your
use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or
any breach of your representations and warranties set forth above.
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Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the
Service, contains the entire agreement between you and BandMix.ca regarding the use
of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
BandMix.ca is a trademark of Echo Media, Inc.
