Terms of Use

Last updated on October 8, 2015

Please Read Carefully Before Using This Website:

SOCIAL PARIAH SOLUTIONS INC.

MYBAND.IO IS A SUBSCRIPTION BASED SERVICE THAT ALLOWS BANDS TO MANAGE THEIR COMMUNICATIONS, FILES, INVENTORY AND EVENTS ONLINE THROUGH A RESPONSIVE WEB APP.

SOCIAL PARIAH SOLUTIONS INC. IS THE OWNER OF MYBAND.IO. WE ARE WILLING TO GRANT YOU RIGHTS TO CREATE AN ACCOUNT AND TO USE MYBAND.IO SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY.

BY CLICKING ON “I ACCEPT”, YOU WILL INDICATE YOUR AGREEMENT WITH THE TERMS OF USE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS.

IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON, THEN WE ARE UNWILLING TO GRANT YOU RIGHTS TO USE MYBAND.IO SERVICES AND YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

A. TERMS APPLICABLE TO ALL USERS

Overview

For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A. For users who are registered with the Website, your use of the Website shall be subject to the terms in Section B, below, in addition to the terms in Section A, and shall be further conditioned on your clicking the “I AGREE TO THE TERMS OF USE” button at the end of these Terms of Use.

1. Age Restrictions

You may only use the Site and Services if you are: (i) at least 18 years of age; or (ii) if you are under 18 years of age (“Minor User”), only if you have the consent of a legal parent or guardian to use the Site and Services. By using the Site and Services, you hereby represent and warrant that you are at least 18 years of age or if you are under 18 years of age, that you have the consent of your legal parent or guardian to use the Site and Services.

IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY MINOR USER, YOU REPRESENT AND WARRANT THAT YOU ARE THAT MINOR USER’S LEGAL PARENT OR GUARDIAN, THAT YOU CONSENT TO THE MINOR USER’S USE OF THE SITE AND SERVICES, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF THE MINOR USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE SITE AND SERVICES BY THE MINOR USER.

2. Changes to Terms and Separate Agreements

Social Pariah Solutions Inc. may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

You may have other agreements with Social Pariah Solutions Inc. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Social Pariah Solutions Inc.

3. Jurisdiction

The Website is directed to individuals and entities located in Canada. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the availability of the Website and its Content is contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this Website. Social Pariah Solutions Inc makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its Services are available outside Canada. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Mobile Applications

Social Pariah Solutions Inc. makes available Mobile Applications (“App”) to access the Site and Services via a mobile device. To use the App you must have a mobile device that is compatible with the mobile service. We do not warrant that the App will be compatible with your mobile device.

You acknowledge and agree that we may from time-to-time, and in our sole discretion, issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Your purchase of a subscription to use the Site and Services is not a purchase of the Mobile Application or any copy thereof, and Social Pariah Solutions Inc. and its affiliates and third party licensors and/or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the App for which you are solely responsible.

The following additional terms and conditions apply with respect to any Mobile Application that Social Pariah Solutions Inc. may, in its sole discretion, now or in the future, provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”): You acknowledge that these Terms are between you and Social Pariah Solutions Inc. only, and not with Apple, Inc. (“Apple”); Your use of Social Pariah Solutions Inc.’s iOS App must comply with Apple’s then-current App Store Terms of Services.

Social Pariah Solutions Inc., and not Apple, is solely responsible for our iOS App and the Services available therein. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

You agree that Social Pariah Solutions Inc., and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.

You agree that Social Pariah Solutions Inc., and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense and settlement of any third party intellectual property infringement claim related to our iOS App or your use of our iOS App. You represent and warrant that: (i) you are not located in a country that is subject to a Canadian or U.S. Government embargo, or that has been designated by the Canadian or U.S. Governments as a “terrorist supporting” country; and (ii) you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties.

You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your use of Social Pariah Solutions Inc.’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that Social Pariah Solutions Inc. may, in its sole discretion, now or in the future, provide to you designed for use on an Android-powered mobile device (an “Android App”):

You acknowledge that these Terms are between you and Social Pariah Solutions Inc. only, and not with Google, Inc. (“Google”).

Your use of Social Pariah Solutions Inc.’s Android App must comply with Google’s then-current Android Market Terms of Services.

Google is only a provider of the Android Market where you obtained the Android App. Social Pariah Solutions Inc., and not Google, is solely responsible for Social Pariah Solutions Inc.’s Android App, Services and Content. Google has no obligation or liability to you with respect to our Android App or these Terms.

You acknowledge and agree that Google is a third party beneficiary to these Terms as they relate to our Android App.

5. Scope of Use

You are only authorised to view, use, copy for your records and download small portions of the Content of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

6. User E-mail

By using the Site and Services provided on or through the Site, you hereby consent to receive electronic communications from Social Pariah Solutions Inc.. These electronic communications may include notices about applicable fees, taxes and other charges, transactional information and other information concerning or related to the Site and Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal requirements, including that such communications be in writing.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy policy available at myband.io/privacy. You agree not to submit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. Social Pariah Solutions Inc. shall not be subject to any obligations of confidentiality regarding any information that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Social Pariah Solutions Inc. is strictly prohibited.

7. Copyrights and Trademarks

The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. Any print out of this Site, or portions of the Site, must include Social Pariah Solutions Inc’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site, or create derivative works from it, link to or frame in another website, use it on any other website, or transfer or sell any Content from this Site without the prior written permission of Social Pariah Solutions Inc. Social Pariah Solutions Inc. respects the intellectual property rights of others and expects our Users to do the same. We reserve the right to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@MyBand.io.

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, we do not control or endorse such websites and are not responsible for their content, nor are we responsible for the accuracy or reliability of any information, data, opinions or advice contained within the websites (“Third Party Sites”). You acknowledge and agree that the Third Party Sites may have different privacy policies, terms of use, user guides and business practices than Social Pariah Solutions Inc. You further acknowledge and agree that your use of the Third Party Sites is governed by the respective Third Party Site privacy policy, terms and conditions and user guides and You hereby agree to comply with them. Please read the terms of use of any website you may link to from our Site. If you decide to access any of the Third Party Sites linked to this Website, you agree and acknowledge that you do so at your own risk. We reserve the right to terminate any link or linking program at any time.

SOCIAL PARIAH SOLUTIONS INC. DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, AS TO THE ACCURACY, VALIDITY, AND LEGALITY OR OTHERWISE OF ANY CONTENT ON SUCH SITES. YOU AGREE THAT NEITHER SOCIAL PARIAH SOLUTIONS INC. NOR OUR AFFILIATES, SHALL UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY TO YOU OR ANY THIRD PARTY, FOR ANY SERVICES, INFORMATION, OR CONTENT AVAILABLE ON ANY THIRD PARTY SITES, OR FOR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY YOUR USE OF SERVICES OR CONTENT OF ANY THIRD PARTY.

You may not link to this Website without Social Pariah Solutions Inc.’s written permission. If you are interested in linking to this Website, please contact info@MyBand.io.

9. No Unlawful or Prohibited Use

When using this Site and the Services, you agree not to:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others;
  2. Use racially, ethnically, or otherwise offensive language;
  3. Discuss or incite illegal activity;
  4. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
  5. Post anything that exploits children or minors or that depicts cruelty to animals;
  6. Post any materials that violate the copyright rights, trademark rights or other intellectual property rights of any person without the express permission from the owner.

When using this Site or Services, you also agree not to:

  1. Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitations;
  2. Use any robot, spider, scraper or other automated means to access the Site or Services;
  3. Take any action that imposes an unreasonable or disproportionately large load on our or our third party service providers’ infrastructure;
  4. Alter the opinions, comments, messages or other Submissions posted by others on this Site or through the Services; or
  5. Post, send or otherwise communicate any Submission or other information contrary to our public image, goodwill or reputation, as determined by us in our sole discretion.

This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to: (i) terminate access to your account, and your ability to post to this Site (or use the Services); and (ii) refuse, modify, delete or remove any Submissions, with or without cause and with or without notice, for any reason or no reason, or for any action that we determine, in our sole discretion, to be inappropriate or disruptive to this Site and the Services or to any other user of this Site and Services. In addition to violating these Terms, any unauthorized use of any Materials may violate applicable laws, rules and/or regulations.

10. Disclaimer of Warranties

SOCIAL PARIAH SOLUTIONS INC., FOR ITSELF AND ITS AFFILIATES, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES IN CONNECTION WITH THIS SITE OR THE SERVICES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY CONTENT PRESENTED THROUGH THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, THE SUBMISSIONS. THIS SITE, THE SERVICES, AND ANY CONTENT PROVIDED BY US IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, OR SYSTEMS INTEGRATION. SOCIAL PARIAH SOLUTIONS INC. DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Some jurisdictions do not allow certain disclaimers and limitations of warranties, so the foregoing may not apply to you. In such case, our warranties shall be limited to the greatest extent permitted under the applicable laws of such jurisdiction.

11. Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. SOCIAL PARIAH SOLUTIONS INC. SPECIFICALLY DISCLAIMS ANY LIABILITY TO YOU OR ANY THIRD PARTY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE SERVICES OR CONTENT (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE FROM MISTAKES, OMISSIONS, OR DELAYS IN TRANSMISSION OF INFORMATION, ANY FAILURE OF PERFORMANCE, DELETION, DEFECT, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, TELECOMMUNICATIONS FAILURE, ACTS OF GOD, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT.

IN NO EVENT SHALL SOCIAL PARIAH SOLUTIONS INC.’S OR OUR AFFILIATES’ TOTAL CUMULATIVE LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS, EXCEED THE GREATER OF: (I) ONE HUNDRED CANADIAN DOLLARS (CAD$100); OR (II) THE TOTAL AMOUNT OF ANY FEES YOU HAVE PAID SOCIAL PARIAH SOLUTIONS INC. FOR THE SERVICES DURING THE THREE (3) BILLING MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE RELEVANT PARTY’S LIABILITY. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY SOCIAL PARIAH SOLUTIONS INC.

Some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you.

12. Governing Law

Social Pariah Solutions Inc. controls and operates this Site from its location in Ontario. These Terms of Use shall be governed in all respects by the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

13. Service Levels

We will try to maintain service levels of the Site at levels satisfactory to you. Even so, you hereby acknowledge and agree that the Site will not be available 100% of the time. Some downtime is required to deploy features and perform maintenance on the Site. Whenever possible we will attempt to give you advance notice of such downtime.

14. Canadian Resident

You represent that you are a resident of Canada.

15. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. You should evaluate all information, opinions and advice available on this website in consultation with your insurance specialist, or with your legal, tax, financial or other advisor, as appropriate.

16. Users’ Disputes with Each Other

You are solely responsible for your interactions with other Users. Social Pariah Solutions Inc. reserves the right, but has no obligation, to monitor disputes between you and other Users.

17. User Submissions and Public Areas:

You acknowledge that you own, are solely responsible for or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Social Pariah Solutions Inc. and its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Social Pariah Solutions Inc. by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Social Pariah Solutions Inc. a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the content in any format, or forum now known or hereafter developed. Social Pariah Solutions Inc. may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Social Pariah Solutions Inc. by email.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, you will be held directly and solely responsible for the content of messages that you post. While not moderating the forums, we will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. We have full discretion to delete messages. You are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum. Social Pariah Solutions Inc. reserves the right, but is not obligated, to do any of the following:

  1. Record the dialogue in public chat rooms;
  2. Examine an allegation that a communication do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
  3. Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use;
  4. Terminate a Member’s access to any or all Public Areas and the Site upon any breach of these Terms of Use;
  5. Monitor, edit, or disclose any communication in the Public Areas;
  6. Edit or delete any communication posted on the Site, regardless of whether such communication(s) violate these standards.

18. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any of our confidential information and intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the Arbitration Act, 1991, (Ontario). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Unless the parties agree otherwise, the arbitration shall be held in Toronto, Ontario and heard by a single arbitrator.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award may be entered in any court having jurisdiction over the parties or their assets. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

19. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD SOCIAL PARIAH SOLUTIONS INC., ITS AFFILIATED COMPANIES AND ITS/THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS OF USE.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

20. Registration of Accounts and Security

As part of the registration process, you will select a password (“Password”) and Login Name (“Login Name”). You shall provide Social Pariah Solutions Inc. with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

  1. use a Login Name or Custom Vanity URL alias of another person with the intent to impersonate that person;
  2. use a Login Name or Custom Vanity URL alias subject to the rights of any other person without authorization;
  3. use a Login Name or Custom Vanity URL alias that we, in our sole discretion, deem inappropriate or offensive.

You shall be responsible for maintaining the confidentiality of your login ID and password. You shall notify us immediately of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

21. Use of Account and Services

You will be granted a login ID and password for each subscription that you purchase and your access and use of the Services will be limited to one person at a time per ID and password. You may invite additional members to join your account defined by the plan you purchase. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers).

You agree that you are responsible for maintaining your own account. You understand that all information, text, music, sound, photographs, graphics, video, messages, files, attachments or other materials (“Content”) are the sole responsibility of the account from which such Content originated. MyBand.IO reserves the right, but does not assume the responsibility, to monitor or review any Content on MyBand’s site on a regular or continuing basis. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using MyBand.IO services and for any consequences thereof.

Information that you post to areas of this site that are viewable by others (for example, to a support forum or the public pages of your account) will not be treated as proprietary, private, or confidential.

22. Account Administrators, Members, Responsibilities

If you are the creator of an account, you are the Account Administrator. You have full control over your account. It is your responsibility to invite members to your account and determine the level of access each member has. It is also your responsibility to inactivate members who are no longer in the band. You are the one who is responsible for controlling access to your account. You may create groups and assign members to groups to receive email notifications when members post files or events to groups.

If you are a member of an account (i.e. of a band), you have the capability to send an unlimited volume of emails to your registered members. Members have options available to manage how much email they want to receive. You may post files to your account. These are available to view or download to any member who has account access. You may maintain an events calendar with the time and location of practices, performances, competitions or any other events. You may use the account to keep records of any inventory you own and assign items to members. The item’s identification, assignment, purchase value, current value and current condition can be tracked.

Depending on the level of access you have to the account, you may create a public facing website from the account. Please remember that information you share on your public website will be visible to members and non-members alike.

23. Subscription and Payment

Subscription Services include web-based inventory management, project management and collaboration system for bands, touring music groups, music teachers and artist managers (“Services”). We reserve the right to update and modify the Services from time to time.

The term of your subscription shall be specified during the registration process. After the expiration of this term, you may purchase another subscription in accordance with the terms and conditions posted at this site.

Payment of subscription fees may be by credit card online at this site, or by any other method approved by us. Fees are non-refundable, unless expressly provided otherwise on this site. If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account and rights to all Services from this site.

You hereby authorize MyBand.IO to charge the credit card used in the registration process, as follows: charges will be monthly, for the dollar amount, and for the billing periods that are specified in the registration process. If the credit card authorization fails, we will request updated credit card information. However, if you do not provide updated credit card information that successfully authorizes within 72 hours after notice, we may terminate your account and rights to all Services from this site. Subscriptions are not available to any user that has been suspended or removed from the system, or to Minor Users, except as set out in Section 1 on Age Restrictions.

24. Additional Warranty Disclaimers

WE DO NOT REPRESENT OR WARRANT THAT THE WEB SERVICES: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THAT WE HAVE NO CONTROL OVER THE INTERNET, AND THAT WE ARE NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES.

YOU WARRANT TO US THAT YOU HAVE RECEIVED EXPRESS OR IMPLIED CONSENT FROM EVERY PERSON TO WHOM YOU WILL SEND COMMERCIAL OR PROMOTIONAL EMAILS FROM YOUR ACCOUNT AND FROM OUR SITE, IN ACCORDANCE WITH CANADA’S ANTI-SPAM LEGISLATION (“CASL”).

To Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at info@MyBand.io We try to answer every email in a timely manner, but are not always able to do so.