Terms & Conditions

BANDDER USER AGREEMENT
PLEASE READ THIS USER AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IT LIMITS BANDDER’S LIABILITY AND YOUR REMEDIES.

1. CONTRACT
This is a contract between you and Bandder.com, LLC, a Delaware Limited Liability Company located at 2300 Walnut Street, Philadelphia, PA 19103. Bandder.com, LLC does business as Bandder.com and Bandder. “We,” “our,” “Bandder.com” or “Bandder” means Bandder.com, LLC and its successors and assigns. This contract covers your use of the Bandder.com Services (defined below). By checking the box next to “I agree to the User Agreement” and clicking “SUBMIT,” you agree to be bound by this contract. If you do not agree to this User Agreement, your registration will be discontinued and you will not be permitted to access or use the Bandder.com Services (defined below) available to Members (defined below). You may not use or access the Bandder.com Services if you are under age 18. This contract limits our liability.
This contract also limits your remedies. We do not provide any warranties for the Bandder.com Services (defined below). Please read Sections 5 and 7 carefully. They contain these limitations.

2. DESCRIPTION OF SERVICES
Bandder.com operates networking and e-commerce services for music lovers. Bands and fans can create unique profiles, make connections, transact business, and communicate. The Bandder.com Services (defined below) are hosted in the United States.

3. DEFINITIONS
Content: Any music, materials, information or images you submit, post, transmit, upload or otherwise share with us or other Users as a Member of Bandder.com. The term “Content” in this User Agreement does not include any User’s trademarks, service marks, logos, names, trade names, or corporate identity graphics.
Bandder.com Services: The services offered by Bandder.com include the Bandder.com Web site (the “Bandder.com Web site”) and any other features, content, or applications offered from time to time by Bandder.com in connection with the Bandder.com Web site (collectively, the “Bandder.com Services”).

Member: A person, business, or entity that registers with Bandder.com to access and use Bandder.com Services. You may not use or access the Bandder.com Services if you are under age 18.

Visitor: A person, business, or entity that visits Bandder.com without registering as a Member.

User: A Member or Visitor.

Additional Terms and Conditions: This User Agreement incorporates Bandder.com’s Privacy Policy. In order to access or use certain Bandder.com Services, you may be notified that you are required to agree to additional terms and conditions. If you participate in or use those Bandder.com Services, you agree to be bound by those additional terms and conditions.

4. USER REPRESENTATIONS, WARRANTIES, AND COVENANTS
You represent, warrant, and covenant that:

1. if you are an individual, you are 18 years of age or older;
2. if you are a business or entity, you are a lawfully organized business or entity;
3. you will use the Bandder.com Services only for lawful non-deceptive purposes authorized by this User Agreement;
4. all information you submit in your registration and afterwards is truthful and accurate;
5. if acting on behalf of a business or entity, you are the legal owner or authorized agent of the business or entity, and that you have the authority to bind the business or entity to this User Agreement and to participate in or use the Bandder.com Services;
6. you will update your registration information when needed to keep it accurate and current;
7. your use of the Bandder.com Services will not violate any applicable law, regulation or ordinance;
8. you will own all Content posted by you on or through the Bandder.com Services or have the right to grant the license set forth below;
9. the Content you post on or through the Bandder.com Services will not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person, business or entity; and
10. all trademarks, service marks, logos, corporate names, trade names, and corporate identity graphics are subject to the license rights of the owners thereof and may be used only within the limited license rights granted by such owners to Bandder.com; such owners may establish requirements and restrictions governing use, including quality control standards, and may require pre-approval of such use, and Users agree to abide by all such requirements and restrictions.

5. WE MAKE NO WARRANTY
We provide the Bandder.com Services “as is,” “with all faults,” and “as available.” We give no express warranties or guarantees. To the extent permitted by law, we exclude and disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so some or all of these limitations may not apply to you.

• Liability: We are not responsible, under any circumstances, for any loss or damage, including personal injury or death, resulting from participation in or use of the Bandder.com Services, attendance at a Bandder.com event, from any content posted on or through the Bandder.com Services, from the goods or services sold through the Bandder.com Services, or from the conduct of any Users of the Bandder.com Services, whether online or offline.
• Music sold on Bandder: We do not sell music or any other goods or services on bandder; Members who sell music or other goods or services on Bandder are the sellers. If, however, we should be found to be the seller despite the terms of this User Agreement, the music or other goods or services are sold “as is,” “with all faults,” and “as available.” The entire risk as to the quality and performance of the music or other goods and services is with the buyer. Should the music or other goods or services prove defective following their purchase, the buyer and not Bandder.com assumes the entire cost of all necessary servicing or repair.
• Content Posted on Bandder.com: We are not responsible for Users’ actions or inactions, including things they post. We are not responsible for any incorrect or inaccurate content posted on the Bandder.com Web site or in connection with the Bandder.com Services, whether caused by Users of the Bandder.com Services or by any of the equipment or programming associated with or used in the Bandder.com Services.
• Links to Other Sites: Profiles, comments, posts and other communications created and posted by Members on the Bandder.com Web site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed, and we do not investigate, monitor or check for accuracy or completeness. Inclusion of any linked Web site on the Bandder.com Services does not imply that we approve or endorse it. When you access these third-party sites, you do so at your own risk.
• Posts to Other Sites: At your request and at your own risk, Bandder will send your posts to certain other third-party web Sites. We are not responsible, under any circumstance, for any problems or malfunctions in transmitting posts or other communication to a third-party Web site and we are not responsible for the conduct of the third-party Web sites that receive transmitted information, including but not limited to the further distribution of the posts or communications. We do not approve or endorse of any third-party Web sites to which we send posts or other communications.
• Advertisements: We are not responsible for the conduct of third parties who post advertisements on the Bandder.com Web site or through the Bandder.com Services, or for the goods or services provided by these third parties.
• Users: We are not responsible for the conduct, whether online or offline, of any User of the Bandder.com Services.
• User Communications: We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to, or alteration of, any User or Member communication or your Content.
• Technical or Computer Issues: We cannot guarantee continuous or secure access to the Bandder.com Services. Operation of the Bandder.com Web site or the Bandder.com Services may be disrupted or interfered with by numerous factors both within and outside of our control. The data stored on our servers may be corrupted, lost, or otherwise impaired. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or other system due to technical problems or traffic congestion on the Internet or on any of the Bandder.com Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Bandder.com Services.
• Use by Minors: While this User Agreement prohibits use by minors, we do not have the means to prevent minors from using or accessing the Bandder.com Services without authorization. We rely on your representations, warranties, and covenants.

6. SALES TRANSACTIONS
By using Bandder.com Services, you may choose to do business with parties other than Bandder.com. For example, you may choose to buy music or choose to do business with an entity that advertises on the Bandder.com Services.

We have no control over and do not guarantee the quality, safety, or legality of items or services advertised by third parties, the ability of third-party sellers to sell items, the ability of third-party buyers to pay for items, or that a third-party buyer or seller will actually complete a transaction. We make no warranties or guarantees for goods or services sold. See Section 5 of this User Agreement.

We are not involved in any actual transactions between you and a third-party buyer or seller. We do not transfer legal ownership of goods between you and a third-party buyer or seller, and nothing in this User Agreement shall modify the governing provisions of the Pennsylvania Uniform Commercial Code, 13 Pa. Cons. Stat § 2401(2), Uniform Commercial Code § 2-401(2), or other applicable law, under which legal ownership of goods may be transferred upon physical delivery of the goods to the buyer by the seller. Unless the buyer and the seller agree otherwise or other law applies, title passes to the buyer at the time and place at which the seller completes the seller’s performance with reference to the physical delivery of the goods, in accordance with Pennsylvania Uniform Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2).

We have designed Bandder so that buyers pay for music, goods, services or fees via credit card, and on a monthly basis, payment for the music, goods or services sold, less any applicable fees, are transferred to the buyer through PayPal. We are not responsible the conduct of PayPal or its policies or practices. If you do not want to assume the risks associated with buying or selling music, you have the option of not selling it on Bannder.

We charge fees for using some services. We make no warranties for the services we sell. See Sections 5 and 11 of this Agreement.

7. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
If Bandder.com should be found liable despite the terms of this User Agreement, you can recover from Bandder.com only your actual direct damages up to an amount equal to the greater of (a) the fees you paid to Bandder.com in the 12 months before the act giving rise to the liability, or (b) $100. You cannot recover any other damages. Consequential, special, indirect, or incidental damages, including lost profits or business opportunities are hereby disclaimed, whether or not any limitation on any remedy included herein is deemed to fail of its essential purpose.

This limitation applies to:

• any matter related to the Bandder.com Services;
• any matter related to content or intellectual property (including code) on third-party Web sites, third-party programs or third-party conduct;
• any matter related to viruses or other disabling features that affect your access to or use of the Bandder.com Services;
• any matter related to incompatibility between the Bandder.com Services and other services, software and hardware;
• any matter related to delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Bandder.com Services in an accurate or timely manner; and
• claims for breach of contract, breach of warranty or guarantee, consumer protection, consumer fraud, unfair competition, strict liability, negligence, fraud, or other tort to the extent permitted by applicable law.

It also applies even if:

• this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
• we knew or should have known about the possibility of damages.

Some states do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitations or exclusions may not apply to you.

8. INDEMNIFICATION
You agree to indemnify and hold Bandder.com (and its officers, directors, members, managers, agents, subsidiaries, affiliates, joint venturers, shareholders, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or regulation or the rights of a third party. This obligation will survive and continue after termination of this User Agreement.

9. TERMINATION
We reserve the right, in our sole discretion, to terminate you as a Member, to reject, refuse to post or remove any posting (including private messages) submitted by you, or to restrict, suspend, or terminate your access to all or any part of the Bandder.com Services at any time, for any or no reason, without notice, and without liability, and without waiving any other rights or remedies.

We may limit, suspend, or terminate any Bandder.com Service at any time without notice and without liability.

You may terminate your Membership at any time, for any reason, by deleting your Bandder.com profile. This User Agreement will survive the termination of your Membership and remain in effect to govern your and our rights and responsibilities even when you are no longer a Member.

10. PASSWORD
When you register to become a Member, you will be asked to choose a password. You agree to keep your password confidential and not to disclose it to any third party. You agree not to use the account, username, or password of another Member at any time. You are solely responsible for any and all use of your account and the protection of the security of your password.

11. FEES
Bandder.com membership is free. We charge fees for using some services, including a transaction fee for music and other goods or services sold. When you use a Bandder.com Service that has a fee, you have an opportunity to review and accept the fee that you will be charged based on our fee schedule, which we may change from time to time. We may choose to change the fees for our services temporarily for promotional events or new services, and such changes are effective when we post the temporary promotional event or new Bandder.com Service.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Bandder.com Services in a timely manner with a valid payment method. If your payment method fails, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.) You will be responsible for any costs, including attorneys’ fees, associated with fee collection.

When you register to sell music, we will ask for credit card information. We encrypt your credit card information and store it on a secure server. Upon registration, we will submit a preauthorization for a small amount (usually between $0.01 and $1.00) to your credit card account in order to validate. We will not charge your account, but the preauthorization may appear on your statement. Once we verify your account, you may songs and albums for sale.

When you sell a song or album, we will charge your credit card account the applicable fee. Bandder is designed to use PayPal to exchange funds between the sellers of music and the buyers. We are not involved in the transaction between buyers and sellers.

12. PROHIBITED CONDUCT AND CONTENT
The Bandder.com Services are for the legitimate business and personal use of its Users and may not be used in connection with endeavors that are not specifically endorsed or approved by Bandder.com. Illegal and/or unauthorized access to or use of Bandder.com Services is prohibited. You are responsible for ensuring that your use of Bandder.com Services is lawful. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this User Agreement, including without limitation, removing any offending posting from the Bandder.com Services, terminating the Membership of such violators, and reporting activities to enforcement authorities.

You agree that you will not:

• violate any laws, regulations, third-party rights, this User Agreement or other Bandder.com policy;
• violate the intellectual property rights, publicity rights or privacy rights or encourage the violation of intellectual property rights, publicity rights or privacy of any third-party;
• further or promote any illegal activity or enterprise or provide instructional information about illegal activities;;
• post false, inaccurate, misleading, deceptive, defamatory, or libelous Content (including personal information);
• engage in fraudulent activity;
• post any material or engage in any activity that is abusive, threatening, obscene, defamatory, or libelous or that is patently offensive or otherwise promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, harasses or advocates harassment of another person, or exploits people in a sexual or violent manner;
• post Content or a link to a Web site that contains pornography, nudity, violence, or offensive subject matter;
• solicit personal information from anyone under 18, solicit personal information from any User for unlawful purposes, or solicit passwords from any User;
• use the account, username, or password of another Member at any time or disclose your password to any third party or permit any third party to access your account;
• transfer your Bandder.com account and User ID to another party without our prior written consent;
• attempt to impersonate another Member, band, musician, business, entity, or person;
• use any robot, spider, scraper or other automated means to access Bandder.com Services for any purpose without our prior written consent;
• harvest or otherwise collect information about Users, including e-mail addresses;
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of the Bandder.com Services or any activities conducted on the Bandder.com Web site;
• bypass any measures we may use to prevent or restrict access to the Bandder.com Services;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Bandder.com, or the interests or property of Users;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (except for Content you post) from a Bandder.com Service without the prior written consent of Bandder.com and the appropriate third party, as applicable;
• post restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• cover or obscure the banner advertisements on your business or personal profile page, or any Bandder.com page via HTML/CSS or any other means;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Bandder.com;
• take any action that may undermine the review or ratings systems (such as displaying, importing or exporting review information to or from Bandder.com or using review or rating information for purposes unrelated to Bandder.com);
• post music or other items (or sell items) that you cannot legally sell;
• post music or other items (or sell items) that are prohibited (see Prohibited Items below); or
• fail to deliver payment for items purchased by you.

13. CONTENT LICENSES
When you provide us Content, including music, you grant Bandder.com a non-exclusive, worldwide, irrevocable, fully paid and royalty-free right and license to use that Content in connection with the Bandder.com Services, including the right and license to reproduce, publicly display and stream the Content and to allow access to and use of the Content by all Users. You grant us the right to distribute music (or other Content) by allowing buyers to download full copies of tracks (or other applicable Content). Your grant of the Content license includes the right to grant sublicenses.

Bandder.com does not claim any ownership rights in your Content. You will continue to retain all ownership rights in your Content, and you will continue to have the right to use your Content in any way you choose. By posting, displaying, or otherwise providing any Content on or through the Bandder.com Services, you are granting to Bandder.com and to other Users the right to use, copy, distribute, display, and modify your Content in connection with the Bandder.com Services. If you submit a photograph or other digital image, you waive any and all rights of privacy and publicity with respect to the images.

The license you grant to Bandder.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Bandder.com), fully-paid and royalty-free (meaning that Bandder.com is not required to pay you for the use on the Bandder.com Services of your Content), sub licensable (so that Bandder.com is able to use its affiliates and contractors, such as Internet content delivery networks, to provide the Bandder.com Services), and worldwide (because the Internet and the Bandder.com Services are global in reach). For each submission of Content, you must have all rights necessary for you to grant the permissions in this section and your submission of Content includes a representation that you have such rights. The license granted by you under this section will terminate at the time you remove your Content from the Bandder.com Services.

The Bandder.com Services may contain proprietary information, materials, and original works of authorship owned by Bandder.com or licensed to Bandder.com by third parties (“Bandder.com Content”). Bandder.com grants you a limited, revocable, non-exclusive, nonsublicensable license to reproduce and display the Bandder.com Content (excluding any software code) solely for your personal use in connection with any authorized use of the Bandder.com Web site and accessing the Bandder.com Services. Bandder.com reserves all other rights in and to the Bandder.com Content. You may not modify, translate, or create derivative works of any Bandder.com Content and you may not publish, transmit, sell, or attempt to sell or transfer or otherwise exploit any Bandder.com Content. You may not alter or remove any copyright, trademark, or other proprietary rights indicators associated with Bandder.com Content.

Copyright and other intellectual property laws and treaties protect the software and content associated with the Bandder.com Services. Bandder.com or its licensors own the title, copyright, and other intellectual property rights in all software and content other than your Content. Such software and content is licensed and not sold to you. You do not have ownership rights to any Bandder.com content, software or other content made available or accessible on the Bandder.com Services, regardless of how such software and the Bandder.com Content is used or downloaded. The license granted to you under this section will terminate on the date your Bandder.com Membership ends.

14. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied, posted, or otherwise used on the Bandder.com Services in a way that constitutes copyright infringement, please notify our Copyright Agent at the address provided below. In order for us to act promptly to remove allegedly infringing content in accordance with the Digital Millennium Copyright Act, your notice must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Bandder.com Services; (iv) your address, telephone number, and e-mail address; (v) a written 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Bandder.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: John Bounds, Bandder.com Copyright Agent, c/o Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808; e-mail address: dmcasop@cscinfo.com; telephone: 1-800-927-9800; facsimile: 1-302-636-5454. For more information, refer to the Notice and Procedure for Making Claims of Copyright Infringement at www.copyright.gov/legislation/dmca.pdf.

15. INFORMATION THAT WE COLLECT ABOUT YOU
The following is a summary of our Privacy Policy. You agree to our Privacy Policy, which is by made a part of this User Agreement.

Bandder.com collects the personal information you provide when you register or update your Membership. We collect your billing information when you sign up for fee-based services. We also collect the information you post on Bandder.com. When you browse Bandder.com, our system automatically receives and records information on our server logs from your browser, including your IP address, cookie, and the page you request. We also place cookies on your computer.

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. We use information for the following general purposes: billing, identification, authentication, services improvement and delivery, product improvement and delivery, User contact, service announcements, advertising, research, customization, and anonymous reporting. IP addresses may be used for various purposes, including: diagnosing or servicing technology problems reported by our Users or engineers that are associated with the IP addresses controlled by a specific Web company or Internet Service Provider, and estimating the number of Users visiting Bandder.com from specific geographical regions. We use cookies for a number of purposes, including: accessing your information when you log in, keeping track of your preferences, displaying the most relevant information and advertising banners based on your interests and activity online, estimating and reporting our total audience size and traffic, and conducting research to improve Bandder.com content and services. We do not link the information we store in cookies to any personally identifiable information you submit while accessing or using our site, except for your IP address, which may be considered personally identifiable information in some jurisdictions.

We may share the personal information we collect in order to complete fee-based transactions, investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this User Agreement, or as otherwise required by law. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights or comply with a judicial proceeding, court order, or legal or administrative process served on us.

Ads appearing on Bandder.com may be delivered to Users by one of our advertising partners. Our policies may be different than those of our advertising partners. We are not responsible for the conduct of our advertising partners or their policies or practices.

If you post Content to a profile, comment or any area on the Bandder.com Web Site, you should be aware that any personally identifiable information you submit can be read, collected, or used by other Users, and could be used to send you unsolicited messages. We are not responsible for further distribution of the personally identifiable information you choose to provide.

We never sell or disclose your name, e-mail address, or other personally identifiable information to third parties without your consent, except as described in this User Agreement and our Privacy Policy.

Bandder.com may change its Privacy Policy in the future in accordance with Section 17 below.

16. CHANGES TO THIS USER AGREEMENT
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this User Agreement at any time. We will post any changes to this User Agreement on this page and will indicate at the top of this page the date these terms were last revised. We will give you at least 30 days’ notice by posting the changes on the Bandder.com User Agreement Web page or by e-mail. It is your responsibility to check this Web page regularly to determine if there have been changes to this User Agreement. If you do not agree to the changes, then you must cancel your Membership and stop using the Bandder.com Services before the changes become effective. If you continue using the Bandder.com Services, then your use of the Bandder.com Services will continue under this User Agreement as modified.

17. NOTIFYING BANDDER
We do not accept e-mail notices. Except as provided in Sections 11 and 14, you may notify us using postal mail. Our address is 2300 Walnut Street, Philadelphia, PA 19103.

You may notify Bandder.com of claims of copyright infringement by following the procedures set forth in Section 14.

18. NOTICES FROM BANDDER
We will send you certain notices in connection with the Bandder.com Services. There may be other information regarding the Bandder.com Services that the law requires us to send you. We may send you this information in electronic form via e-mail or online posting. You have the right to withdraw your consent to electronic notice, but if you do, we will terminate your Membership.

We may provide required information to you:

• by e-mail at the e-mail address specified in your Bandder.com Profile;
• by access to a Bandder.com Web site that will be designated in an e-mail notice sent to you at the time the information is available; or
• by access to a Bandder.com Web site that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you do not consent to receive any notices electronically, you must stop using the Bandder.com Services.

19. TAXES
If you sell music or other goods or services through Bandder.com Service, you are responsible for calculating and paying all applicable taxes.

20. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
Claims for the enforcement or breach of this User Agreement will be governed by the laws of the Commonwealth of Pennsylvania, USA without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be governed by the laws of your state or province of residence in the United States and Canada, or, if you reside outside of the United States or Canada, the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles.

You consent to the exclusive jurisdiction and venue of state or federal courts in Philadelphia, Pennsylvania, USA for all disputes related to this User Agreement or the Bandder.com Services. You may only sue us in Philadelphia, Pennsylvania. You cannot revoke this consent.

21. ASSIGNMENT
We may assign this User Agreement, in whole or in part, at any time with or without notice to you. You may not assign this User Agreement, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your Membership. The other party may then become a Member and enter into a User Agreement with us.

22. CLAIMS MUST BE FILED WITHIN ONE YEAR
Any claim related to this User Agreement or the Bandder.com Services must be brought within one year. This one-year period begins on the date when the claim first could be filed. If not filed within one year, that claim is permanently barred. This applies to you and your successors and assigns.

23. USER DISPUTES AND RELATED RELEASE
You are solely responsible for your interactions with Users.

If you have a dispute with one or more Users, you release Bandder.com (and Bandder.com’s officers, directors, members, managers, agents, subsidiaries, affiliates, joint venturers, shareholders, and employees) from claims, liabilities, demands, and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a resident of California or a jurisdiction with a similar law, you waive California Civil Code § 1542 which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” or any similar law.

If two or more Members claim the same business name, location, telephone number, e-mail address, Web site, or other means of identification, we will determine, in our sole discretion, to which Member, if any, it should be awarded, and our decision will be final and binding unless one of the affected Members invokes arbitration against all other affected Members). Any controversy or claim arising out of or relating to a dispute over which Member shall be entitled to claim a business name, location, telephone number, e-mail address, Web site, or other means of identification, shall be settled by arbitration between the affected Members administered by the American Arbitration Association under its Commercial Arbitration Rules with Expedited Procedures, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. We will not be a party to the arbitration or pay any arbitration fees or costs, but will abide by the arbitrator’s award, unless set aside by a court.

24. OUR FAILURE TO EXERCISE OUR RIGHT IS NOT A WAIVER
Our failure to exercise or enforce any right or provision of this User Agreement shall not operate as a waiver of such right or provision.

25. SECTION TITLES
The section titles in this User Agreement are for convenience only and have no legal or contractual effect.

26. SEVERABILITY
This User Agreement operates to the fullest extent permissible by law. If any provision of this User Agreement is determined to be unlawful, void, or unenforceable, that provision is deemed severable from this User Agreement and does not affect the validity and enforceability of any remaining provisions.

27. SOFTWARE DOWNLOADS
Software available in connection with the Bandder.com Services (the “Software”) is subject to United States export controls. No Software may be downloaded from the Bandder.com Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

28. ENTIRETY OF AGREEMENT
This User Agreement, as modified or supplemented by Bandder.com from time to time, constitutes the entire agreement between you and us regarding the use of the Bandder.com Services.

If you do not agree to the terms of this User Agreement, you should leave the Bandder.com Web site and discontinue use of the Bandder.com Services immediately.