1. ACCEPTANCE OF TERMS
Welcome to eBandManager. eBandManager provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you. You can review the most current version of the TOS at any
time at: http://www.ebandmanager/termsOfUse.htm.
2. DESCRIPTION OF SERVICE
eBandManager currently provides users with access to a rich collection of
band management resources
including various communications tools, message boards, file management,
calendar management, and merchandise management (the "Service").
You also understand and agree that the Service may include advertisements and that
these advertisements are necessary for eBandManager to provide the Service. You also
understand and agree that the service may include certain communications from
eBandManager, such as service announcements and administrative messages, and that
these communications are considered part of eBandManager membership
and you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service shall
be subject to the TOS. You understand
and agree that the Service is provided "AS-IS". You are responsible for obtaining
access to the Service and that access may involve third party fees (such as
Internet service provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment necessary to
access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You also
agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such information being
the "Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or eBandManager
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, eBandManager has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any
Registration Data and certain other information about you is subject to our
you that is personally identifiable
like your name, address, email address, or phone number, and that is not
otherwise publicly available. eBandManager does not rent, sell, or share
personal information about you with other
people or nonaffiliated companies except to provide products or services you've
requested, when we have your permission, or under the following circumstances:
- We respond to subpoenas, court orders, or legal process, or to establish or
exercise our legal rights or defend against legal claims;
- We believe it is necessary to share information in order to investigate,
prevent, or take action regarding illegal activities, suspected fraud,
situations involving potential threats to the physical safety of any person,
- We transfer information about you if eBandManager is acquired by or merged with
another company. In this event, eBandManager will notify you before information about
eBandManager may display targeted advertisements based on personal information.
eBandManager does not provide any personal information to the advertiser when you
interact with or view a targeted ad. However, by interacting with or viewing an
ad you are consenting to the possibility that the advertiser will make the
assumption that you meet the targeting criteria used to display the ad.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify eBandManager of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. eBandManager cannot and will
not be liable for any loss or damage arising from your failure to comply
with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you, and
not eBandManager, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service. eBandManager
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will eBandManager be liable in
any way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
You acknowledge that eBandManager may not pre-screen Content, but that eBandManager
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, eBandManager and its designees shall have the
right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by eBandManager or submitted to eBandManager, including
without limitation information in eBandManager Message Boards, and in all other
parts of the Service.
You acknowledge, consent and agree that eBandManager may access, preserve, and
disclose your account information and Content if required to do so by law or in a
good faith belief that such access preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of eBandManager,
its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
use of these materials is subject to usage rules set by eBandManager and/or
content providers who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service.
Any unauthorized reproduction, publication, further distribution or public exhibition
of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
eBandManager does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant eBandManager
the following world-wide, royalty free and non-exclusive license(s), as applicable:
- upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a eBandManager
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
- "stalk" or otherwise harass other users;
You agree to indemnify and hold eBandManager, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access to
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that eBandManager may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days that message
board postings or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from or received by an account
on the Service, the maximum disk space that will be allotted on eBandManager's servers
on your behalf, and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that eBandManager has
no responsibility or liability for the deletion or failure to store any messages and
other communications or other Content maintained or transmitted by the Service.
You acknowledge that eBandManager reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that eBandManager
reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
eBandManager reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that eBandManager shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Service.
You agree that eBandManager may, under certain circumstances and without prior notice,
immediately terminate your eBandManager account, any associated email address,
and access to the Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), and (e) unexpected technical or
security issues or problems. Termination of your eBandManager account includes
(a) removal of access to all offerings within the Service, including but not limited
to eBandManager Mail, Domains, and Message Boards, (b) deletion of your password and
all related information, files and content associated with or inside your account
(or any part thereof), and (c) barring further use of the Service. Further,
you agree that all terminations for cause shall be made in eBandManager's sole
discretion and that eBandManager shall not be liable to you or any third-party for
any termination of your account, any associated email address, or access to the
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that eBandManager shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because eBandManager has no control over such sites and resources,
you acknowledge and agree that eBandManager is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that eBandManager 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
Content, goods or services available on or through any such site or resource.
16. eBandManager'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by eBandManager or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
eBandManager grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise transfer any right
in the Software. You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the interface
that is provided by eBandManager for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- With respect to Content you submit or make available for inclusion on publicly
accessible areas of eBandManager message boards, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the Service
solely for the purposes of providing and promoting the specific eBandManager message board
to which such Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the Service
and will terminate at the time you remove or eBandManager removes such Content
from the Service.
- With respect to photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible area of the Service other than eBandManager message boards,
the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purpose for which such Content was
submitted or made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at the time
you remove or eBandManager removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible areas of the Service other
than eBandManager Groups, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium now known or later developed.
- "Publicly accessible" areas of the Service are those areas of the eBandManager
service that are intended by eBandManager to be available to the general public.
By way of example, publicly accessible areas of the Service would include eBandManager
Message Boards. However, publicly accessible areas of the
Service would not include portions of eBandManager service that are limited to members,
eBandManager services intended for private communication such as eBandManager Mail,
or areas off of the eBandManager network of properties such
as portions of World Wide Web sites that are accessible through via hypertext or other
links but are not hosted or served by eBandManager.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT eBandManager SHALL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF EBANDMANAGER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no
third party beneficiaries to this Agreement.
eBandManager may provide you with notices, including those regarding changes to the TOS,
by either email, regular mail, or postings on the Service.
22. TRADEMARK INFORMATION
The eBandManager logo and other eBandManager logos and product and service names are
trademarks of SSP Innovations, LLC (dba eBandManager). (the "eBandManager Marks").
prior permission, you agree not to display or use in any manner, the eBandManager
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
eBandManager respects the intellectual property of others, and we ask our users to
do the same. eBandManager may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers.
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 eBandManager's Managing Agent the following information:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. EBANDMANAGER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- eBandManager MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eBandManager
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE
IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING
THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE --
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SSP Innovations, LLC
8107 S. Norfolk St.
Englewood, CO 80112
By email: eBandManager.com
24. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you
and eBandManager and govern your use of the Service, superceding any prior
agreements between you and eBandManager. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other
eBandManager services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
eBandManager shall be governed by the laws of the State of Colorado without regard to
its conflict of law provisions. You and eBandManager agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of
Waiver and Severability of Terms. The failure of eBandManager to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your
eBandManager account is non-transferable and any rights to your eBandManager I.D. or
contents within your account terminate upon your death. Upon receipt of a copy of
a death certificate, your account may be terminated and all contents therein
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
Please report any violations of the TOS to our support staff.
- an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you
claim has been infringed;
- a description of where the material that you claim is infringing is located on
- your address, telephone number, and email address;
- 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;
- 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.
- eBandManager's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: