Terms Of Service

PLEASE READ THESE TERMS AND CONDITIONS AS WELL AS THE PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE AND REGISTERING, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.

1. GENERAL

These terms and conditions apply to all visitors to the BAND1.ORG (subsequently referred to as "We") website (the “Website”), including registered users. Any material on any other site linked to by BAND1.ORG is beyond our control. Neither BAND1.ORG nor its employees guarantee the accuracy, completeness or usefulness of the information presented on this site, which may include views, opinions and recommendations from third-party individuals and organizations. The Website does not endorse the views, advocate the purchase or sale or any security, investment, or other goods or services. The Website may contain links to third party websites that are not owned or controlled by BAND1.ORG which has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. BAND1.ORG does not and cannot censor or edit the content of any third-party site. You hereby agree to relieve BAND1.ORG from any and all liability arising from your use of any third-party website. You are requested to be aware when you leave the Website to read the terms and conditions and privacy policy of any of the other websites you go to.

You have permission to use the Website under these terms and conditions so long as (1) your use is only personal and noncommercial; (2) you do not copy or distribute any part of the Website in any medium without first obtaining written consent from BAND1.ORG; (3) you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (4) you will otherwise comply with these terms and conditions.

Furthermore, you agree not to use or launch any automated system, such as “robots,” “spiders,” “offline readers,” and the like, that might cause access to the Website in a way that would deliver more messages to the server(s) of BAND1.ORG in a certain period of time than a person can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Website grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Website reserves the right, generally or specifically, to revoke these exceptions. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Submissions (as defined below).

The Website shall permit at any time you and others the right to submit music-related content (“Submissions”) and the hosting, sharing, and/or publishing of such Submissions. However, you understand that whether or not such Submissions are published, BAND1.ORG does not guarantee any confidentiality with respect to any Submissions. The content on the Website, except all Submissions, including without limitation, the text, software, scripts, graphics, music, photos, and the like (“Content”) and the trademarks, service marks and logos contained therein are owned by or licensed to BAND1.ORG, subject to copyright and other intellectual property rights laws. The Content on the Website is provided solely for your information and personal use and cannot and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. You agree not to engage in the use, copying, or distribution of the Content other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained from the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any aspect of the Website.

2. WARRANTIES

THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.

You are solely responsible for your own Submissions and the results of posting or publishing them. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Website to use and have access with respect to the Submissions all patent, trademark, trade secret, copyright or other proprietary rights.

3. COPYRIGHT AND LICENSES

You will retain all of your ownership rights in your Submissions; provided, however, that pursuant to the inclusion of the Submissions on the Website, you grant to BAND1.ORG a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the any website operated by BAND1.ORG, and its business (as well as its successors), including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each visitor to the Website a non-exclusive license to access your Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Website and under these terms and conditions.

You also agree that you shall not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BAND1.ORG, all of the license rights granted herein; (2) publish falsehoods or misrepresentations that might affect BAND1.ORG, or any third party; (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, give rise to civil liability, violate any law, or is otherwise inappropriate; or(4) post advertisements or solicitations of business. BAND1.ORG does not endorse any Submission or any content thereof and expressly disclaims any and all liability in connection with Submissions. BAND1.ORG does not permit any infringement of intellectual property rights on the Website, and will remove any Submissions if properly notified that such Submission infringes intellectual property rights. BAND1.ORG also reserves the right (1) to remove Submissions without prior notice and (2) to decide whether a Submission is appropriate, complies with these terms and conditions, or contains pornography, obscene or defamatory material, or excessive length. Any such Submissions may be removed and/or your access for uploading such material may be denied if there is any violation of these terms and conditions at any time, without prior notice and at the discretion of BAND1.ORG.

4. AGE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with them. You affirm that in all events you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

5. NOTIFYING OF COPYRIGHT ISSUES

 

1. Include a statement telling us that you have found an item on BAND1.ORG which you believe infringes your copyright (for example, "I hereby confirm that I believe the item identified below infringes my copyright").
2. Tell us which country your copyright applies to.
3. Tell us the title of the item concerned and the full URL for its download page.
4. Explain to us how the item infringes your copyright
5. Identify the type and details of the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
6. Declare whether your works is created totally new (new work) or built upon existing works (derivative work). For derivative works, please state the original work and explain why the derivative work qualifies for copyright protection, including end-product of skill, creativity, labour or capital. (Note: Without written permission form ALL of the publishing rights holders, and without a valid license agreement, a derivative work itself may be infringing.)
7. Provide us the proof of originality and ownership of the work.
8. State whether the work has joint authors or is co-written. If so, please name all the authors and the details of their individual contributions.
9. Explain the relationship between the creator of the work and the company that the creator works for (if that is indeed the case), and whether commission or contractual assignment is involved.
10. Tell us your full legal name, your complete address and your email address so that we can get in touch with you.
11. Tell us the contact information which we can pass on to the submitter of the item concerned, so that they can get in touch with you to resolve your complaint directly.
12. Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law."
13. Include the following statement: "I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use."
14. Sign the notice. Include a scanned physical signature in your email.

Copyright Agent BAND1.ORG

5.2 Counter-Notice

If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of our server locations, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, BAND1.ORG will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BAND1.ORG’s sole discretion.

6. USE OF MATERIALS

All of the contents of this website are protected from copying under international copyright laws and treatises. For personal plans, materials downloaded are for personal use only. For organisation plans, materials downloaded are for use by the members of this organisation only. Any unauthorized copying, alteration, distribution, transmission, display or other use of this material is prohibited. Our services shall not be used for commercial, business and/or revenue generating purposes, illegal, immoral or tortious (including infringement of intellectual property rights) conduct.

7. ACCOUNT SHARING

When you complete the registration process, you create a BAND1.ORG account ("Account"). Your Account may also include billing information for the purchase of Subscriptions. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on BAND1.ORG that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms or Rules of Use).

8. TERMINATION

BAND1.ORG may suspend or terminate your subscription or account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the system.

8.1 Cancellation of Subscription

You can cancel at any time before the renewal date. To avoid being charged, please ensure that you notify us of your cancellation at least 24 hours prior to the next renewal date. After cancellation, you will immediately lose access to subscription benefits. Please be aware that no refunds will be provided after the renewal has taken place.

9. LIMITATION OF LIABILITY

In no event shall BAND1.ORG, affiliate sites or the owners, webmasters or any other personnel be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.

10. FAIR USE

It is our reasonable expectation that our users will not abuse, misuse, exhaust, waste or otherwise take unfair advantage of our services to the detriment of other users or us. Generally heavy users will take up more capacity and cause congestion to the network which will affect other users. In order to ensure all our customers can enjoy the best possible experience we will use a fair usage policy to manage our website. We monitor usage of our users. If in our reasonable opinion, the use of your account is excessive or unreasonable, we may terminate your account without notice and refund.

Education professionals, including but not limit to teachers, tutors, schools and tutorial schools, are required to subscribe to our Organizational VIP plan (機構VIP). Failure to do so may result in account termination without notice and refund. There is no path for upgrading from individual plan to organisation plan.

As the service provider, we reserve the right to categorize a user as either a personal user or an organization user. We do not disclose our decision-making process as it is proprietary information and not open for debate.

When making a payment with a credit card, it is important that users enter their real names on the payment form. This is not only to ensure that the payment is processed correctly, but also to prevent fraud or unauthorized use of the card. If there is any doubt regarding the name entered on the credit card payment form, we may request that the user provide proof of identity. This is to ensure that the payment is being made by the rightful owner of the credit card and to prevent fraudulent activity. We appreciate your cooperation in providing this information if requested.

Right of interpretation vests us absolutely whose decision shall be final and binding. If you fail to comply with our policies, we reserve the right to terminate your account without prior notice or refund.


We reserve the right to amend this Fair Use Policy by posting the amendments here, such amendments to take immediate effect upon posting.

11. CHANGES OR MODIFICATIONS

We may change or modify this Agreement without notice or liability to you. Your continued use of the Service shall serve as your consent to any change or modification hereto.

Privacy Policy

BAND1.ORG is an online service provider. Users become members by creating an account via our website.

Data Collection and Use

BAND1.ORG will collect members submitted information such as name and email address in order to authenticate a member and to communicate with that member about our services.

BAND1.ORG may also choose to log non-personal identifiable data including your IP address, account information, user data, and browser type, from all members and visitors to the site. This data collection is used to assist us in managing the website, track the usage and improve our services. This non-personal identifiable information may be shared with third-parties to provide more relevant services and advertisements to members.

Email addresses are used on the site for the purposes of sending updates, newsletters or general news regarding the website services. With the exception of these uses, a user’s email address is not shared or displayed within users. Users may choose to opt out of receiving emails of this type by clicking a link in the email. By logging in with one's Facebook account, a user agrees that we can post texts, pictures and videos to his page within two months in accordance with Facebook's prevailing policy.

We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

Your Financial Information

BAND1.ORG is designed to provide a safe and secure environment for making payments. When you subscribe to paid services, our system redirects your browser software on your computer to establish a secure, encrypted connection using an Internet-standard technology called SSL with a third-party payment processing system. This encrypted connection prevents information from being intercepted as it travels the Internet between our systems. You can verify that you are viewing a secure web page by checking your browser’s lock icon — on a secure page the lock will appear in the “locked” position.

Your credit card information is sent through a secure connection to third-party credit card processor and is never retained on our servers.

Cookies

BAND1.ORG uses cookies to store visitors’ preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same advertisements and to customise newsletters, advertising, and Web page content based on browser type and users information. The information that is stored in cookies is not linked to any personally identifiable information which members enter on the site. You can change your cookie preferences within your browser settings to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set, however, disabling cookies with BAND1.ORG may limit the services available to you. Please be aware that BAND1.ORG allows 3rd party advertisers that are placing advertisements on some page of our site to set and access their cookies on your computer. Each Advertiser is subject to their own privacy policy and use of cookies and it is not party to our Privacy Policy.

Links

BAND1.ORG is not responsible or liable for the privacy policies and/or practices on other linked sites. When linking to another site a user or visitor should read the privacy policy associated with that site. This privacy policy is only associated with information collected on BAND1.ORG.

Security

BAND1.ORG user accounts are secured by member-created passwords. BAND1.ORG takes every endeavor to ensure that members account information is kept private. We take reasonable measures to protect member information that is stored within our databases, and there is restricted access to member information to only those employees who need access, such as our customer service and technical staff. Please note that we cannot guarantee the security of member account information. Unauthorised entry or use, hardware or software failure, and other factors could compromise the security of member information at any time.

Changes in Our Privacy Policy

We may make changes to our privacy policy on occasion, in the event of this we will post the changes on the site to ensure that our users are always aware of the information we collect, how we use it, and when we may disclose it. Acceptance of any minor changes will be taken if a user uses the site after those changes have been posted. In the event that we are going to use user personally identifiable information in such a way that is materially different from that stated at the time of collection we will post a notice on the Web site for 30 days.