Terms and Conditions

     
   
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

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