We are in no way affiliated with Myspace.com or Myspace.com employees.
1. Acceptance of Terms
By accepting BandSpaces Inc. (BS) Terms of
Service (TOS) electronically or in writing,
and/or by using BS Services, including
but not limited to submission of content
to our design department, payment or
authorization of payment or sale, you
(Client) agree to be bound by the following
terms and conditions. You also agree
that your electronic acceptance of these
TOS shall have the same force and effect
as if you had agreed to these TOS in
writing.
BS provides its service to you subject to the following TOS, which may be updated from time to time without notice to you. You may review the most current version of the TOS at http://www.bandspaces.com/terms.html. By using BS’ Service you also agree to the most current version of the TOS. Failure to comply with the TOS may result in termination of design. By agreeing to these terms, you are allowing BandSpaces Inc. to place their copyright logo or banner on your copleted Myspace page.
2. Description of Service
BS designs and creates custom Myspace
pages and provides other Website-related
services (Service) including, but not
limited to: support and modification
of Websites, e-commerce, flash, Web
traffic reporting, database development,
easy interface for updating the Website,
e-mail accounts and additional Website
related services. You understand that
the Service may include certain communications
from BS such as advertisements, notices,
service announcements and newsletters.
You are responsible for obtaining access
to BS’ Service that may involve
3rd party fees (including but not limited
to ISP, merchant account and gateway).
You are also responsible for all equipment
and software necessary to access BS’
Service.
3. Electronic Delivery Policy
BS is a Website-related business and
transacts with is Clients electronically.
When you accept this TOS you consent
to receive electronically from BS any
notices, agreements, disclosures, or
other communications (Notices). You
agree that BS can send you electronic
Notices in either of the following ways.
1) To the e-mail address you provided
to BS at the time of sale or 2) to the
new e-mail address account you set up
through BS. You agree to check your
designated e-mail addresses regularly
for Notices. Notice from BS is effective
when sent by BS, regardless of whether
you read the Notice when you receive
it or whether you actually receive the
delivery.
4. Privacy Policy
Personal data and certain other information
about you are subject to our Privacy
Policy. By using BS’ Service you
also agree to the most current version
of our Privacy Policy.
5. Unacceptable Practices
As we strive to offer the very best
service, there are certain guidelines
and policies that must govern our efforts
and relationships with our clients.
Practices that are in violation of these
guidelines and policies are strictly
forbidden and will result in the immediate
termination of our service. Such decisions
are at the sole discretion of BandSpaces Inc..
Unacceptable practices include, but
are not limited to:
Adult or pornographic material
Bulk e-mailing tools
Distribution of Internet viruses or
other harmful or destructive activity
Gambling, gaming, lotteries, and like
activities
Harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene,
libelous, invasive of another’s
privacy, hateful, racially, chauvinistically,
ethnically or otherwise objectionable
Content or language.
Content or language that is harmful
to minors in any way.
Illegal activities, such as ponzi schemes,
fraudulent charging of credit cards,
copyright violations, plagiarism, software
piracy, and all unauthorized use of
materials or Content that infringes
on third parties’ intellectual
properties
Intentional or unintentional violations
of any applicable local, state, national
or international law.
Reselling e-mail accounts or hosting
accounts to third parties
Spamming and all other forms of unsolicited
messages including, but not limited
to: spam, pyramid schemes, chain letters,
and junk e-mail
Links to other sites that are in violation
of BandSpaces Inc.’ policies and guidelines
Other activities, whether lawful or
unlawful, that BS deems to be in poor
taste or that reflect adversely on BS
or our other clients
As an BS Client, you agree to conduct
your business in a legal and professional
manner. You understand that all information,
data, text, software, music, sound,
photographs, video, messages and other
material (Content) on your Website is
the sole responsibility of the Client.
You are fully responsible for all Website
Content and agree to hold BS harmless
in the event of third parties’
legal issues brought against you for
your business practices. BS retains
the right to terminate any accounts
that are in violation with the letter
or spirit of these TOS.
As a BS Client you will have access to editing tools for your Website. You may edit, add or delete Content to your Website at anytime. With this understanding BS may or may not pre-screen Content. BS shall have the right (but not the obligation) to pre-screen and refuse or remove any Content at its sole discretion. You agree that you bear all risks associated with the use of all Content, whether edited or written by BS or not, including any reliance upon accuracy, usefulness or completeness.
You acknowledge that BS 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 comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of BS and the public.
6. Intellectual Property Policy
BS respects copyright laws and the intellectual
property of others. BS may terminate
accounts for copyright infringement.
If you believe your work has been copied
and is accessible on an BS Website please
contact us immediately.
7. 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 laws regarding
the transmission of technical data exported
from the country in which you reside.
8. Interstate Communications
Client acknowledges that by using BS’
services you will be causing communications
to be sent through BS’ computer
networks which may be located throughout
Canada and the United States. Due to
the nature of electronic communications,
even communications that seem to be
intrastate can result in the transmission
of interstate communications. Client
acknowledges that use of BS’ Service
results in interstate data transmissions.
9. Website Construction Procedure:
With the help and input from the Client,
BS will prepare the appropriate custom
design and text for the BandSpace. Client
must submit complete Content to the
design department before site construction
begins on the custom Website. Client
may submit Content directly to designer
through e-mail, or regular mail. After
Content is submitted by the Client the
site will move to the layout and design
department. Once the layout and design
are approved by the Client the site
will move to the text and html department.
BS will add the text and Content to
the Website. After the Client approves
the text and Content added to the Website,
the Website will go live. You agree that by using BS services, all copyright notices will remain in tact on your profile. BS will place a small logo and/or text link on your profile. You agree that any small BS logo and/or BS links placed on the page will not be removed. BS will not
be held liable for accuracy of information,
typos, or spelling errors in any of
the content approved by the Client and
published on the Website. Client will
be notified by e-mail that the Website
is now live. Client understands that
the Website may be taken live “as-is”
or “under construction”
if we do not receive Client’s
response to missing information requests
or requests to approve completed Website
within two weeks.
BS does not guarantee a time frame for completion of the custom Website as Content may continue to be submitted by Client throughout the design process. BS cannot start and complete the design of the custom Website until complete Content is submitted. If Client continues submitting additional Content, this increases the design time frame. If Client does not submit complete Content and BS is not able to start or complete the custom Website design, Client is still responsible for all fees incurred including, but not limited to, set-up, enhancement and monthly hosting charges that begin accruing from date of sale.
10. Website Change Requests
During Design Process:
BS agrees to build a BandSpace to specifications
quoted per the original sale and original
invoice. Any additions or changes requested
outside of the scope of the original
sale prior to the custom Website going
live will be billed at BS’ standard
hourly rate. BS is not obligated to
complete Client requests or changes
outside of the scope of work or the
original invoice quote. If BS does not
agree to Client requests or changes,
Client is still obligated to pay all
fees incurred and due.
There will be NO REFUNDS of any kind for pages that have already begun the designing process. All hours of designing work put into each BandSpace has to be accounted for. Unlike a product, we are a service that's time and effort cannot be refunded. If Client has received an initial or completed BandSpaces design, BandSpaces Inc. is in no way obligated to refund complete payment. By accepting these Terms of Service, you are agreeing that no chargebacks will be placed or refunds be demanded. Failure to meet these terms could result in legal action.
11. Billing Policy:
The initial fee is due and billed in
full at the time of the original sale.
Failure to pay will result in ceasing
completion of the BandSpace.
Client requests for enhancements to the original site will be due and billed separately and at the time of request, unless an updating package was purchased.
BS reserves the right to change prices at any time including hourly design fees.
BS charges a $25.00 fee for returned cheques.
BS does not offer refunds on any projects that have begun the designing process. Refunds will only be given proir to any initial creation, and you agree that BS may keep a small deposit to cover any fees incurred such as Paypal transaction fees as well as an administration fee. This administration fee covers any research time and/or hourly rate the project manager has contributed to your project.
BS reserves the right to collect late fees from non-paying clients at our discretion. Failure to complete payment for projects that have reached the final stage of completion will result in ceasing or removal of all BS work until full payment is made. If client decides to hault or stop the project at hand, remaining payments will be due immediately. If BS receives no response over a prolonged period of time regarding the project, all remaining payments will be due immediately. Client agrees to pay in a timely manner and recognizes BS's no-tollerance payment schedule. Failure to meet these requirements may result in filing a report with a collections agency and legal action.
12. Termination:
BS, at its sole discretion, may terminate
its service and remove and discard any
Content, for any reason, including and
without limitation, if BS believes you
have violated the TOS. BS may also at
it sole discretion and at any time,
discontinue providing the Service, or
any part thereof, with or without notice.
You agree that any termination of access
to the Service under any provision of
this TOS may be effected without prior
notice and that BS may deactivate or
delete Client’s account and all
related information files. You agree
that BS shall not be liable to Client
or any third-party for any termination
of Services. Paid accounts that are
terminated will not be refunded.
BS also reserves the right to discontinue the designing of Client’s web page at any time, at BS’ sole discretion. Refunds will be given to the Client at BS' sole discretion. Under no circumstances is the refunded amount to exceed the amount collected by BS.
BS may terminate any account at any time if Client is believed to be participating in a suspicious act, including but not limited to internet fraud. BS is not liable to issue a refund for such accounts.
13. BS Proprietary Rights
Client acknowledges and agrees that
BS’ Service may contain proprietary
and confidential information that is
protected by intellectual and proprietary
rights laws. BS requires that all pages visibly display our copyright notices and/or graphic link on the profile. BS requires that our copyright notice(s) remain untouched in the source code. Client agrees to not to
reproduce, duplicate, copy, sell, resell
or exploit any portion of, use or access
to BS’ Service.
14. Use of Client Information
Client hereby agrees that any information
or ideas submitted to BS by any means
may be used by BS without compensation
or liability to you for any purpose
whatsoever, including but not limited
to developing Websites, databases, ecommerce
and developing, manufacturing and marketing
other products. This provision does
not apply to Client Content or to personal
information that is subject to our privacy
policy.
Client herby gives permission to BS to use samples or links to Client’s custom Website designed by BS for marketing and advertising purposes, including but not limited to use in our online client portfolio.
15. Third Party Services
From time to time third parties may
offer service to BS Clients. Use of
such third party services will be at
your own risk and subject to the terms
and conditions of those third parties.
BS does not represent and warrant that
use or access to any third party services
will be compatible, uninterrupted, error
free, without defects or that you will
be able to access BS’ Service.
You also agree that BS is under no obligation
to provide you with any enhancements,
updates, or fixes to make BS’
Service accessible through any third
party applications.
16. Disclaimer of Warranties
YOUR USE OF BS’ SERVICE IS AT
YOUR OWN RISK. BS’ SERVICE IS
PROVIDED “AS IS”. BS DISCLAIMS
TO THE FULLEST EXTENT PERMITTED BY LAW
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 OF PROPRIETARY
RIGHTS. BS DISCLAIMS ANY WARRANTIES
REGARDING THE SERVICE INCLUDING THAT
IT WILL MEET YOUR REQUIREMENTS, THAT
IT WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE. BS DISCLAIMS ANY WARRANTIES
REGARDING THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF BS’ SERVICE, INCLUDING
RESULTING SALES AND WEB TRAFFIC. BS
DISCLAIMS ANY WARRANTIES REGARDING THE
MARKETING OF CLIENTS’ PRODUCTS,
SERVICES, SALES, OR WEBSITE. BS DISCLAIMS
ANY WARRANTIES REGARDING THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED, ADVERTISED
OR OBTAINED THROUGH BS’ SERVICE,
OR LINKS PROVIDED BY BS’ SERVICE,
AS WELL AS FOR ANY INFORMATION OR ADVICE
PROVIDED BY BS OR OBTAINED THROUGH LINKS
PROVIDED THROUGH BS’ SERVICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BS’ SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FORM THE DOWNLOAD OF SUCH MATERIAL.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT BS, IT’S
SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA, OR OTHER INTANGIBLE LOSSES,
(EVEN IF BS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION
OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM THE USE OR INABILITY
TO USE BS’ SERVICE, RELIANCE ON
BS SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF BS’
SERVICE (INCLUDING SUCH DAMAGES INCURRED
BY THIRD PARTIES.) THIS LIMITATION SHALL
ALSO APPLY, WITHOUT LIMITATION, TO THE
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES RESULTING FROM PRODUCTS
OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED
THROUGH BS’ SERVICES OR FOR UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA
OR TRANSMISSIONS AND ANY STATEMENTS
OR CONDUCT OF A THIRD PARTY OR ANY OTHER
MATTERS RELATING TO BS’ SERVICES.
SUCH LIMITATION SHALL FURTHER APPLY,
WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE
OF SERVICES OR ANY INFORMATION OR MERCHANDISE
THAT APPEARS ON, OR IS LINKED IN ANY
WAY TO BS’ SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstance shall BS be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualty, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. BS’ full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to BS.
BS WILL NOT BE HELD RESPONSIBLE FOR CHANGES TO THE MYSPACE.COM DATABASE AND/OR PROFILE CODES. YOU UNDERSTAND THAT ANY DOWNTIME OR SUDDEN CHANGE TO THE WAY YOUR PROFILE IS DISPLAYED IS NOT A FAULT OF BANDSPACES INC., BUT A RESULT OF MYSPACE.COM UPGRADES. BS WILL NOT BE HELD RESPONSIBLE FOR THESE CHANGES NOR BE LIABLE TO REPAIR THE AFORMENTIONED CHANGES. YOU AGREE THAT ANY EDITS OR CHANGES INITIATED AFTER YOUR COMPLETED PROFILE HAS BEEN PUBLISHED TO MYSPACE.COM MAY RESULT IN ADDITIONAL PAYMENT AND ADMINISTRATIVE FEES. YOU ARE AWARE THAT NO REFUNDS WILL BE GIVEN WHATSOEVER IF THESE CHANGES OCCUR.
18. Indemnification
You agree to defend, indemnify and hold
harmless BS, it’s directors, officers,
employees and agents from and against
all claims and expenses, including attorney’s
fees that may arise or result from any
Content you submit, post, transmit or
make available through BS’ Service,
from any product sold by Client, its
agents or employees or assigns, from
any Service provided or performed or
agreed to be performed by BS or from
your violation of the TOS or your violation
of any rights of another.
19. Severability
In the event that any provision hereof
is found invalid or unenforceable pursuant
to judicial decree or decision the remainder
of this Agreement shall remain valid
and enforceable according to its terms.
20. Jurisdiction
The TOS agreement shall be
governed by the laws of the Province
of Ontario. All legal proceedings are
to be submitted exclusively to the jurisdiction
of the courts in the Province of Ontario.
Client agrees to binding arbitration
if requested by BS.
21. Governance
BS may investigate any reported violations
of this agreement, its policies or any
other complaints and take any action
it deems appropriate to protect its
systems, facilities, Clients, and/or
third parties.
22. General Information
This Agreement constitutes the entire
understanding and contract between the
parties and supersedes any and all prior
oral or written agreements (including,
but not limited to, any prior versions
of the TOS). Any modifications to this
agreement must be in writing and signed
by an authorized officer of BS. All
representations not in writing are null
and void. Written agreements may include,
but are not limited to e-mails and electronic
acceptance of this Terms of Service.
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 contractual effect.