Copyright © Ben Shippee Band | Terms of Use | Privacy Statement

 

 

 

 

 

 

Terms of Use
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE THE BEN SHIPPEE BAND'S WEBSITES. BY ACCESSING ANY OF THE WEBSITES YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS SET OUT IN THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITES.

AMENDMENTS

The Ben Shippee Band may amend this Agreement at any time by posting a new agreement in place of this one. The Ben Shippee Band will post notice that the Agreement has been amended on its main website located at www.benshippeeband.com for a period of 30 days. The amended agreement shall automatically be effective when posted. Your continued use of the Ben Shippee Band's websites following the posting of the amended agreement and notice shall mean that you accept the terms of this Agreement as amended. If you do not agree with any of the terms of the amended Agreement then you must terminate all use of the Ben Shippee Band websites. This Agreement may not otherwise be amended.

LICENSE

You are granted a non-exclusive and non-transferable license to use and access the Ben Shippee Band’s websites. The websites shall include the associated services and the Links Directory.

ACCESS

In order to access and use any of the Ben Shippee Band's websites you agree to abide by the terms and conditions of this Agreement. Any other access or use shall constitute a trespass on the Ben Shippee Band's computer systems, shall constitute an infringement of the Ben Shippee Band's intellectual property and an unlawful use of the Ben Shippee Band's assets.

Certain portions of the Ben Shippee Band's websites require you to have an account. This may require you to provide some personal information to the Ben Shippee Band. You agree to (a) provide true, accurate, current and complete information about yourself as requested and (b) promptly update this information as required to keep it true, accurate, current and complete.

The Ben Shippee Band has the right, in the Ben Shippee Band’s sole discretion, to suspend or terminate your current and future access and use of its websites in the event the Ben Shippee Band reasonably believes that you are conducting yourself or providing information in a manner which is in breach of this Agreement.

USER CONDUCT

The Ben Shippee Band is very concerned about the privacy and safety of all users, especially children.

You shall not:

submit any information or link to any content, information, ware or service which is obscene or contains pornography of any kind;
use the Ben Shippee Band's websites to commit any dishonest act, act of fraud or any act which infringes any third party rights;
submit any information or link to any material which infringes or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
submit any information or link to any material which is defamatory, libelous, harassing or threatening of or to any person or organization;
submit any information or link to any material which is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
submit any information or link to any material which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright;
undertake any activity which creates liability or damage or potentially creates liability or damage to the Ben Shippee Band or its computer systems or its service providers; or
send unsolicited e-mail to other users excluding private messaging via the community site.
You agree not to use any spider, robot or other automatic means to search or monitor the content of the Ben Shippee Band's websites. You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with the Ben Shippee Band's software or websites or their use by any other user. You agree not to cause any unreasonable burden or load on the Ben Shippee Band's software or its computer systems.

SERVICES

You agree that the Ben Shippee Band will not be liable for any delay or unavailability of any of the Ben Shippee Band's websites or related services, whether due to an act or omission of the Ben Shippee Band or an act or omission of any third party.

USER SUBMISSIONS

the Ben Shippee Band may make available to you the ability to submit information and links to the websites. This includes the submission of links to the Links Directory. You agree that all of your submissions will be in compliance with this Agreement.

All submissions may be subject to review by the Ben Shippee Band prior to the information or link being posted to the websites. The Ben Shippee Band may refuse to post any information or link and may remove the same for any reason, in its sole discretion.

The Ben Shippee Band's posting of any information or link does not mean that the Ben Shippee Band agrees that the information or link complies with this Agreement or that the Ben Shippee Band agrees with the content of the information or link.

While the Ben Shippee Band may review each submission, it does not thoroughly review the information or the third party website that a link may resolves to. Further, the information may become incorrect or the third party website may change from time to time. Notwithstanding the Ben Shippee Band's review, you agree to indemnify the Ben Shippee Band and other users for any loss or damage that the Ben Shippee Band or any user may suffer as a result of the posting of any information or link that you submit.

CONTENT

Some information or links posted to the Ben Shippee Band's websites may be offensive to you or incorrect or misleading.

Some portions of the Websites allow users to post information including links to other resources on the Internet. Some of this information may be reviewed by the Ben Shippee Band prior to its posting. However, even if the Ben Shippee Band reviews and posts a submission to its website it does not mean the Ben Shippee Band endorses the same. All such postings remain the sole responsibility of the person who submitted such information or link. You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, iintegrity, and legality of any information submitted and in respect any information, product or services offered or made available through any link which has been submitted and posted. Under no circumstances will the Ben Shippee Band be liable in any manner for the same.

The Ben Shippee Band may change, add to or delete from its websites at any time without notice. You agree to bear all risks, costs and damages that you may incur as a result of those changes.

INTELLECTUAL PROPERTY

The Ben Shippee Band has certain protectable proprietary rights in its music and websites, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any content contained on the the Ben Shippee Band websites other than for personal use.

WARRANTY DISCLAIMER

THE BEN SHIPPEE BAND WEBSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE USED BY YOU AT YOUR SOLE RISK. THE BEN SHIPPEE BAND MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE BEN SHIPPEE BAND WEBSITES MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. THE BEN SHIPPEE BAND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS.

LIMITED LIABILITY

IN NO EVENT SHALL THE BEN SHIPPEE BAND BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE BEN SHIPPEE BAND WEBSITES HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF THE BEN SHIPPEE BAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL OTHER CIRCUMSTANCES THE BEN SHIPPEE BAND'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $10.00 (USA).

INDEMNITY

You agree to hold the Ben Shippee Band, its employees, officers, directors, agents and other partners from any and all claims or demands, including reasonable attorney fees, made by anyone due to or arising from any information submitted, posted, transmitted or otherwise made available through our websites, your use of our websites, or your violation of these terms of use.

NO AGENCY

The parties are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary. The links posted to the Links Directory are not affiliated with the Ben Shippee Band, whether by partnership or otherwise.

NO WAIVER

The Ben Shippee Band's failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.

ENTIRE AGREEMENT

The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the use of the Ben Shippee Band's music, websites, the Links Directory and the relationship between the parties. No representative of the Ben Shippee Band is authorized to amend the terms of this Agreement. Amendments shall only be effective as provided in this Agreement.

TERMINATION

Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination.

GOVERNING LAW

This Agreement, the relationship between you and the Ben Shippee Band and your use of the Ben Shippee Band’s websites, the Links Directory and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the United States and those of Canada applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and the Ben Shippee Band which in any way concerns this Agreement or the use of the Ben Shippee Band’s websites shall be brought exclusively in the courts of the United States. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief. the Ben Shippee Band is headquartered in New Hampshire, United States of America.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.

HEADINGS

Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.