Please read these terms of use ("Terms") carefully before using this website ("Site"). Using this site indicates that you have read and accept these terms. If you do not accept these terms, you are not authorized to use this site. These terms govern your use of the site, any content (such as text, data, information, software, music, audio, graphics, or photographs) that Bandomizer may make available through the site (collectively, "Materials") and any services that Bandomizer may provide through the site (collectively, "Services"). The site, materials, and services are referred to in these terms collectively as the "Bandomizer Website."
Except as set forth in "Other agreements - products, services or access", below, Bandomizer authorizes you to use the Bandomizer Website only for your own personal, non-commercial purposes. Use of the Bandomizer Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and Bandomizer, Bandomizer owns the Bandomizer Website. The Bandomizer Website is protected under United States and international copyright laws. Any unauthorized use of the Bandomizer Website may violate copyright, trademark, and other laws.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Bandomizer Website and for paying all charges related thereto. When you register to open an account anywhere on the Bandomizer Website, or when you contact Bandomizer through the Bandomizer Website for the purpose of receiving products or services, Bandomizer may collect certain personal information about you. Bandomizer's use of such information is governed by the provisions of the Bandomizer Privacy Policy for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Bandomizer Website account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Bandomizer Website password and you are solely responsible for all activities that occur under your password. You agree to notify Bandomizer immediately of any unauthorized use of your password or any other breach of security related to the Bandomizer Website. Bandomizer reserves the right to require you to change your password if Bandomizer believes that your password no longer is secure. Access to the Bandomizer Website granted under other separately executed agreements by Bandomizer and You shall supersede the terms contained in this Section.
You agree not to use the Bandomizer Website (including, without limitation, any Materials or Services you may obtain through your use of the Bandomizer Website): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Bandomizer Website or servers or networks connected to the Bandomizer Website. You further agree not to (e) use any data mining, robots, or similar data gathering or extraction methods in connection with the Bandomizer Website; or (f) attempt to gain unauthorized access to any portion of the Bandomizer Website or any other accounts, computer systems, or networks connected to the Bandomizer Website, whether through hacking, password mining, or any other means.
Except as set forth in "Other agreements; software, services or access", below, Bandomizer may terminate, suspend, or modify your registration with, or access to, all or part of the Bandomizer Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Bandomizer Website at any time. If you breach any of these Terms, your authorization to use the Bandomizer Website automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
The Bandomizer Website is provided "As Is" and "With All Faults" and the entire risk as to the quality and performance of the Bandomizer Website is with you. Should the materials or services prove defective, you, and not Bandomizer, assume the entire cost of all necessary servicing and repair. Bandomizer expressly disclaims all warranties of any kind, whether express or implied, or statutory, with respect to the Bandomizer Website (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Bandomizer makes no warranty that the Bandomizer Website will meet your requirements or that the Bandomizer Website will be uninterrupted, timely, secure, or error free or that defects in the Bandomizer Website will be corrected. Bandomizer makes no warranty as to the results that may be obtained from the use of the Bandomizer Website or as to the accuracy or reliability of any information obtained through the Bandomizer Website. No advice or information, whether oral or written, obtained by you through the Bandomizer Website or from Bandomizer, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "The Bandomizer Parties") shall create any warranty. Bandomizer disclaims all equitable indemnities.
In no event will any of the Bandomizer Parties be liable for (a) any indirect, special, consequential, punitive, or exemplary damages or (b) any damages whatsoever in excess of one hundred United States (US$100.00) dollars (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with the Bandomizer Website (including, without limitation, use, inability to use, or the results of use of the Bandomizer Website), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any Bandomizer Party has been advised (or should have known) of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Bandomizer Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Bandomizer Party's liability shall be the minimum permitted under such applicable law.
Bandomizer may provide products (such as downloadable audio recordings, music CDs or apparel), services (such as songwriting, composing, audio recording, mixing or artistic collaboration) or access to the Bandomizer Website under the terms of a separate agreement between you and Bandomizer (each, an "Other Agreement"). Bandomizer's obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any audio recording that is made available to download from the Bandomizer Website ("Music") is governed by the terms of the license agreement, if any, which accompanies, is included with or is referenced by the Music ("License"). You may not use any Music that is accompanied by, includes or references a License unless you first have agreed to the License terms. If no License accompanies, is included with or is referenced by the Music, then such Music shall be deemed to be Materials hereunder and these Terms shall govern your use of such Music. Further reproduction or redistribution of any music is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement accompanying, included with or referenced by such Music.
Bandomizer reserves the right to modify, suspend, or discontinue the Bandomizer Website at any time without notice to you. For example, Bandomizer may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Bandomizer makes no commitment to update the Materials and Services whatsoever.
Certain areas of the Bandomizer Website may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to Bandomizer an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Bandomizer deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Bandomizer reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Bandomizer may, but is not obligated to, pre-screen User Submissions or monitor any area of the Bandomizer Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Bandomizer is not required to host, display, or distribute any User Submissions on or through the Bandomizer Website and may remove at any time or refuse any User Submissions for any reason. Bandomizer is not responsible for any loss, theft, or damage of any kind to any User Submissions. Bandomizer does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Bandomizer will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Bandomizer does not guarantee that you will have any recourse through Bandomizer or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
Links on the Bandomizer Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Bandomizer Website. Bandomizer is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Bandomizer does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Bandomizer Website, you do this entirely at your own risk.
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Absent Bandomizer's written authorization otherwise, a website that links to this Site:
Bandomizer and any other product or service name or slogan or logo contained in the Bandomizer Website are trademarks of Resort Records Inc. and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Resort Records Inc. or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Resort Records Inc. or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of Bandomizer without Resort Records Inc.'s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Bandomizer and may not be copied, imitated, or used (in whole or in part) without Resort Records Inc.'s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Bandomizer or Resort Records Inc.
Bandomizer respects the intellectual property rights of others. Accordingly, Bandomizer has a policy of removing User Submissions that violate copyright law, suspending access to the Bandomizer Website (or any portion thereof) to any user who uses the Bandomizer Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Bandomizer Website in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Bandomizer has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Bandomizer Website, please provide written notice to the following Bandomizer agent for notice of claims of infringement:
Attn: Intellectual Property Agent
Resort Records Inc.
572 Rockrose Court
Incline Village, NV 89451-8300
United States of America
Web: http://resortrecords.com/contact/
Your written notice must:
Bandomizer administers this Site from its offices in Incline Village, Nevada. Bandomizer makes no representation that the Bandomizer Website is appropriate or available for use outside the United States and access to the Bandomizer Website from territories where its contents are illegal or restricted is prohibited. If you choose to access the Bandomizer Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Bandomizer Website and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) 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 using any Materials subject to any such restrictions and regulations, 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.
You agree to indemnify, defend, and hold harmless the Bandomizer Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. Bandomizer reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Bandomizer's defense of such claim.
When you visit the Site or send e-mails to Bandomizer, you are communicating with Bandomizer electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Bandomizer provides to you electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms to which you agree when using particular elements of the Bandomizer Websites, constitute the entire and exclusive and final statement of the agreement between you and Bandomizer with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Bandomizer with respect to such subject matter. The Bandomizer Parties are third-party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and Bandomizer shall be governed by the laws of the State of Nevada as applied to agreements made, entered into, and performed entirely in Nevada by Nevada residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Bandomizer Website shall be brought in the Federal or State courts located in Washoe County, Nevada, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Bandomizer to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Bandomizer and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Bandomizer Website. These Terms will be interpreted without application of any strict construction in favor of or against you or Bandomizer. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bandomizer without restriction.
Bandomizer may, in its sole and absolute discretion, change these Terms from time to time without giving you prior notice. If you object to any such changes, your sole recourse shall be to cease using the Bandomizer Website. Continued use of the Bandomizer Website following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Bandomizer Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.