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ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking "I agree" to this Agreement, you ("User") signify your agreement to these terms and
conditions. If you do not agree to this Agreement please do not use this site and do not click "I agree". Please check this
Agreement periodically for changes as the owner of this website, BandofMe.com, Roma Web Productions, reserves the right to
revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes
acceptance of such changes. The Company reserves the right to terminate a User's use of this site at any time without
notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to
licensors and advertisers as well.
CONSENT TO RECEIVE ELECTRONIC RECORDS
By participating in the products or services on the site, you signify your express consent to receive information from
Company in electronic format. You will need a computer with browser and Internet access to receive such electronic records.
Electronic records may include terms and conditions, agreements, privacy policies, and other items.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a
person under 18, and under his or her supervision, to use this site, he or she should email the Company with his or her
explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are
easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please
leave now as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to
use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on
this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You
acknowledge and agree that all content and services available on this site are property of the Company and its advertisers
and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other
proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by
the Company, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name
and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees
resulting from any non-payment.
LICENSE RESTRICTIONS
Use
You agree not to make any false or fraudulent statements in your use of or to gain access to this site or during your use
of this site. Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell,
license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit, or create derivative works from materials, code or content on or from this site or that is property of Company or
any advertiser offering materials through our programs. Systematic retrieval of data or other content from this site or the
site of any party offering materials through this site to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from the Company is prohibited. In addition, use of the
content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree to use your best efforts to prevent access to this site through your login and Password by anyone other than
yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately
if you discover loss or access to such information by another party not under your control and supervision, and by using
a login and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate
or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via this
site or any advertiser's site. You understand that such actions are likely to subject you to serious civil and criminal
legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and
the rights of its other licensors.
No International Users
Accessing this site, and services, products or contents available on this site from places outside the U.S.
(unless expressly set forth) or where their contents are illegal, is prohibited. None of the information on this site may
be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence
of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists
and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged
in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed
by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site,
or materials or services received through this site, and, in particular, you shall not export or re-export anything on or
received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government
licenses.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this
site, or materials or services received through this site, and, in particular, you shall not export or re-export anything
on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign
government licenses.
Government Use
If you are a branch or agency of the U.S. Government, the following provision applies. Any software which is downloaded
from or made available via the site for or on behalf of the United States of America, its agencies and/or instrumentalities
is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as
set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
Unpublished rights reserved under the copyright laws of the United States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or communicate to the Company
through this site (collectively "Submissions") shall forever be the property of the Company. You agree to the Site
Submission Rules found here as part of this Agreement if provided on the site by the Company. The Company shall not treat
any submission as confidential and shall not incur any liability as a result of any similarities that may appear in
future Company services or products. Without limitation, the Company shall have exclusive ownership of all present and
future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully
responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby
represent and warrant that your Submission does not infringe the rights of any third party.
TRADEMARKS
The Company's, licensors', advertisers, merchants or other third party materials, services or products referenced on this
site are common law or registered trade marks or service marks of such parties and you agree never to use such without
express written permission.
THIRD PARTY SITES
You will be transferred to online merchants or other third party sites through links or frames from this site. You are
cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of
the terms and conditions of your use of such sites. You acknowledge that the Company is not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions
received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by the Company,
its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree
that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them. If you
wish to suspend email from such sites, you must contact them directly.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE
INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL
OF THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR
PRODUCTS RECEIVED THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS
LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR
RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS,
STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED
ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE ARE ACCURATE, RELIABLE
OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS
OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE,
THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED
THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated
companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses,
including attorney's fees, that arise from your use of this site, advertiser's sites, offers, gifts, the suitability of
the information contained on or received through use of this site, or any services or products received through this site,
or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company
in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or your use immediately upon receipt of any notice which alleges that you
have used this site for any purpose that violates any local, state, federal or law of other nations, including but not
limited to the posting of information that may violate third party rights, that may defame a third party, that may be
obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc.
of its agents, officers, directors, contractors or employees. In such event, Company may disclose the your identity and
contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal
action, and Company shall not be liable for damages or results thereof and you agree not to bring any action or claim
against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Florida,
U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent
permitted by site. As each of these places has laws that may differ from Florida, by accessing this site, both you and the
Company agree that the statues and laws of Florida shall apply to any actions or claims arising out of or in relation to
this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also
agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Jacksonville,
Floridaand any legal proceedings shall be conducted in English. The Company makes no representation that materials on this
site are appropriate or available for use in other locations, and accessing them from territories where their contents are
illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of
Goods.
PARENTAL FILTERING DEVICES
In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there filtering devices which are commercially
available that may assist parents in limiting access to material that is harmful to minors, such as
www.netnanny.com, www.cyberpatrol.com,
www.cybersitter.com
CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances
and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at
916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any
prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by
written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to
be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under
applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part
hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such
unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any
such transfer shall be void.
Site Submission Rules
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which
may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution
of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy,
tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this site's rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
- infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or
other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters,
any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt,
damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this site or use such information for
the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any
other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with,
anyone 18 years old or younger without appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site
and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does
not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable
for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges
that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or
law of other nations, including but not limited to the posting of information that may violate third party rights, that may
defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or
other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree
that the owner of this site may disclose your identity and contact information, if requested by a government or law
enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for
damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such
disclosure.
This site reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to
be sure you are complying with the current version.
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