Effective Date: 2/24/05
Agreement to Terms and
Conditions. These Terms and Conditions apply to the
Fountain City Brass Band’s Web site located at
www.fcbb.net (the "Site"). BY USING THIS SITE, YOU
AGREE TO THESE TERMS AND CONDITIONS. If you do not
agree, please do not use the Site. We reserve the right,
at our discretion, to change, modify, add or remove
portions of these Terms and Conditions at any time and
will change the "Effective Date" portion of these Terms
and Conditions to reflect the date of such changes.
Therefore, you should check these Terms and Conditions
periodically for changes. Your continued use of the Site
following the posting of changes to these Terms and
Conditions will mean that you accept the changes.
Content Ownership and
Use. All text, graphics, user interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer
code (collectively "Content") as well as the selection,
coordination or arrangement of such Content contained on
this Site are protected by international copyright and
trademark laws. No Content may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed
in any way without the express written consent of the
Fountain City Brass Band.
Visitor Submissions.
While we welcome your comments and feedback regarding the
Site, we do not accept any proprietary or confidential
information. All comments, feedback, suggestions, ideas or
other submissions (collectively the "Submissions") are
sent to us with the understanding and agreement that you
hereby grant the Fountain City Brass Band a worldwide,
irrevocable, royalty free, unrestricted license to exploit
such Submissions by any means known or hereafter to become
known, for any purpose whatsoever, without any obligation
to pay you any consideration or to respond or otherwise
acknowledge your Submission.
Fountain City Brass Band
House Rules.
Whether this is your first time on-line or you're a
seasoned web surfer, we've spelled out our house rules for
you here. Generally speaking, these rules simply require
respect and good manners. Use your common sense, and
you'll feel right at home.
Our House Rules Include:
On this Site, we don't allow obscene, racist, bigoted or
sexually explicit language or postings that are likely to
defame or insult any individual or group, or that are
abusive or hateful. Any harassing postings that might be
construed as stalking, will be deleted and made available
to the proper law-enforcement officials. Visitors are not
allowed to make postings containing solicitations or
advertisements; this includes advertisements for a
business, sale of tickets and merchandise, the latest
get-rich-scheme, surveys, pyramid schemes, etc. In
addition:
- You may not suggest,
condone or encourage illegal activity. The Fountain City
Brass Band will assist law-enforcement officials.
- You must own all
material you post on our Site, including the bulletin
boards and chat rooms. No articles, data, recipes, song
lyrics, artwork, graphics, photographs, logos or other
material may be posted without the express written
consent of the owner.
- You may not use false,
inaccurate, incomplete or misleading information when
you register on the Site or for any promotions or
services offered through the Site. You also may not
delete or revise any information of any other visitor to
the Site.
- You must respect the
privacy of individuals. This means no posting of phone
numbers, addresses, Social Security numbers, or any
other private information. You may not solicit personal
information from anyone under the age of 18, or from
persons over the age of 18 for commercial or unlawful
purposes. Having good manners on-line means that you
don't post or send junkmail, chain letters, unsolicited
or mass e-mails to other visitors.
- You participate at your
own risk on the bulletin boards, chat rooms, and in
e-mail. These services may be monitored by Fountain City
Brass Band staff members. You take responsibility for
postings under your identification, and use of the
information provided on the Site including on bulletin
boards, chat, and e-mail is at your own risk. The
Fountain City Brass Band takes no responsibility for the
content or opinions posted in bulletin boards, chat
rooms, or in e-mail.
- The Fountain City Brass
Band reserves the right to remove any postings (although
we have no duty to do so) in our sole discretion.
- You may not use any
robot, spider, other automatic or manual process to copy
our web pages or content without our express written
consent. You may not use any device, virus, software or
routine or other malevolent code to interfere with the
working of the Site, nor take any action that creates an
undue or disproportionately large burden on the Site,
nor probe, scan or test the vulnerability of the Site or
Network or to breach the security or authentication
measures.
Links to Other Sites and
to This Site. This Site contains links to other Web
sites ("Linked Sites"). These Linked Sites are provided
solely as convenience to our visitors. Such Linked Sites
are not under the control of the Fountain City Brass Band
and we are not responsible for and do not endorse the
content of such Linked Sites, including any links
contained on such Linked Sites. You will need to make your
own independent judgments regarding your interaction with
these Linked Sites. Other Web sites may link to the home
page of this Site without prior permission. Any link to
another page of the Site is subject to our prior written
approval.
Sending E-Mail to You.
Our intention is to only send e-mail to fans or to
individuals who have chosen to receive such e-mails. At
any time you have the right to stop receiving future
Fountain City Brass Band communications via the Internet
by e-mailing your request to
webmaster@fcbb.net.
Disclaimers. THE
FOUNTAIN CITY BRASS BAND DOES NOT PROMISE THAT THE SITE
WILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL
PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY
CONTENTS, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT
ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE
FOUNTAIN CITY BRASS BAND CANNOT ENSURE THAT FILES YOU
DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR
CONTAMINATION OR DESTRUCTIVE FEATURES. THE FOUNTAIN CITY
BRASS BAND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF ACCURACY, SYSTEM INTEGRATION,
QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE FOUNTAIN CITY BRASS
BAND DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS,
ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION
WITH THE FOUNTAIN CITY BRASS BAND SERVICES OTHERWISE
RELATED TO YOUR USE OF THE SITE AND/OR THE FOUNTAIN CITY
BRASS BAND SERVICES. THE FOUNTAIN CITY BRASS BAND IS NOT
RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE
TO ACT OF ANY VENUE PROMOTER OR OTHER THIRD PARTY IN
CONNECTION WITH OR REFERENCED ON THE SITE. Without
limiting the foregoing, you may report the misconduct of
users and/or third party advertisers, service and/or
product providers referenced on or included in the Site to
the Fountain City Brass Band. The Fountain City Brass Band
may investigate the claim and take appropriate action, in
its sole discretion.
Limitation on Liability.
Except in jurisdictions where such provisions are
restricted, in no event will the Fountain City Brass Band
be liable to you for any indirect, consequential,
exemplary, incidental, punitive damages, including also
lost profits, even if the Fountain City Brass Band has
been advised of the possibility of such damages.
Indemnity. You agree
to indemnify and hold the Fountain City Brass Band, its
subsidiaries officers, agents and other partners and
employees, harmless from any loss, liability, claims,
expenses or demand including reasonable attorneys’ fees,
made by any third party due to or arising out of your use
of the Site, including your use of the Site to provide a
link to another site or to upload content or information
to the Site.
Privacy. We have
explained in detail the information we collect from you
and how it is used in our Privacy Policy, a copy of which
you should review by clicking
here. You agree to the terms of this Privacy Policy by
using this Site.
Violation of These Terms
and Conditions. You agree that the Fountain City Brass
Band, in its sole discretion and without notice to you,
may terminate your Site access and remove any material or
information posted by you, if we determine that you have
violated these Terms and Conditions. You further agree
that any violation of these Terms and Conditions would
cause irreparable injury to the Fountain City Brass Band,
for which monetary damages would be inadequate, and
consent to injunctive or other equitable relief. These
remedies are in addition to any other remedies the
Fountain City Brass Band may have at law or in equity.
Governing Law. You
agree that any dispute about or involving this Site will
be governed by the laws of the Commonwealth of Missouri
without regard to its conflict provisions. You agree to
personal jurisdiction by and venue in the state and
federal courts in Jackson County, Missouri. If you access
this Site from another jurisdiction, you do so on your
initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
If you have any further
questions regarding these Terms and Conditions, you may
reach us via e-mail at:
webmaster@fcbb.net, or by
writing to us at:
The Fountain City Brass
Band
Attn: Webmaster
PO Box 7119, Kansas City, MO 64113
Copyright©2007, Fountain City Brass Band. All Rights
Reserved.