MyFavoriteBand.com Terms of Use Agreement

My Favorite Band, LLC (“My Favorite Band” or “we”) operates MyFavoriteBand.com (the My Favorite Band Site), a service that enables artists to build online stores through software programs (“Software”) that we provide. My Favorite Band also provides other services, including distribution of products, site design, hosting of the store, and other services offered (collectively, “My Favorite Band Services”). This Terms of Use Agreement (“Agreement”) is between My Favorite Band and you, the user of the Site(s), together with any business or company you represent (collectively, “you”).  “User” refers to a Visitor, Customer, or Member, all of which are defined below. The My Favorite Band Services are hosted in the United States.

This Agreement includes the legally binding terms for your use of My Favorite Band Services. By using the My Favorite Band Services as a “Visitor” or “Customer” (browsing or purchasing from the My Favorite Band Site without registering), or as a “Member” (registered with My Favorite Band), you agree to be subject to this Agreement and are only authorized to use the My Favorite Band Services if you agree to abide by all applicable laws and the terms of this Agreement. You may use My Favorite Band Services if you agree to this Agreement and all applicable laws. Members must read this Agreement and accept it when registering with the My Favorite Band Site. If you are required to agree to additional terms and/or conditions on the My Favorite Band Site, those additional terms and/or conditions are hereby incorporated into this Agreement.

By accepting this Agreement, you agree to be bound by any amendments or modifications to the terms and conditions of this Agreement or to any terms and conditions incorporated into this Agreement. My Favorite Band may modify this Agreement from time to time. By continuing to use My Favorite Band Services after My Favorite Band displays or publishes a revised Agreement, you agree to accept the revised Agreement. Therefore, it is important that you review this Agreement often.

The information you display or publish (“post”) on or through the My Favorite Band Services is your responsibility. My Favorite Band will not be held responsible for user-generated content, including products, services, claims, music and music content (including explicit lyrics), pictures, movies, and/or any other information. Prohibited Content is outlined below. Some users may not abide by this rule and My Favorite Band assumes no responsibility or liability for this material. Please contact My Favorite Band to report misuse of the My Favorite Band Site. My Favorite Band may modify or add to your store's layout, colors, text, or pictures in order to present a better image for the My Favorite Band site.

My Favorite Band reserves the right, without provision of any notice to you, to deny, restrict, revoke, suspend, or terminate your access to all or any part of the My Favorite Band Services if My Favorite Band determines, in its sole discretion, that you have violated this Agreement, pose a threat to My Favorite Band and/or its Users, or have provided false information. My Favorite Band, in its sole discretion, has the right to refuse the My Favorite Band Services to anyone for any or no reason.

1. Eligibility Criteria. Use of the My Favorite Band Services is not available to persons under the age of 18 and is void where prohibited. By using the My Favorite Band Services, you represent that all registration information submitted to be a Member for the My Favorite Band Services (“Membership”) is accurate and will also be maintained for accuracy. Your use of the My Favorite Band Services may not violate any applicable laws or regulations. 

2. Term. This Agreement, and any posted revision of this Agreement, will remain in effect and full force while you use My Favorite Band Services or while you are a Member. 

3. My Favorite Band Software. Software provided by My Favorite Band is the exclusive property of My Favorite Band. All code, structure, and organization is owned by My Favorite Band and you agree to not sell, rent, lease, loan, distribute, modify, adapt, alter, translate, reverse engineer, disassemble, or attempt to derive the source code for the Software. My Favorite Band grants to you a non-exclusive, non-transferable, revocable, limited license to use My Favorite Band software in order to build and maintain an online musician’s store.

4. Fees. My Favorite Band may charge fees for any of the My Favorite Band Services and may change its fees from time to time in its discretion. You will not receive a refund of any kind if My Favorite Band terminates your Membership due to a breach of this Agreement. My Favorite Band will invoice you via PayPal. Recurring My Favorite Band Services with fees are issued on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. Upon non-payment, My Favorite Band may re-attempt to collect the amount due before suspending or terminating your account. You are responsible for payment of all and any taxes from your profits of selling through My Favorite Band Services. 

5. Password. If you become a Member, you are entirely responsible for maintaining the confidentiality of your password. You agree not to use the password or account of another Member. You are solely responsible for the use of your account. If you suspect any unauthorized use of your account, you agree to notify My Favorite Band and not hold My Favorite Band liable for the unauthorized use.  

6. Services.

6.1. My Favorite Band reserves the right to change the My Favorite Band Services provided from time to time. You agree to read any communications sent from My Favorite Band to you regarding such changes. Downgrading your Service may cause the loss of content, features, capacity, and other information in your Membership. You agree to not hold My Favorite Band liable for any such loss. My Favorite Band performs technical functions necessary to offer the My Favorite Band Services, and the My Favorite Band Site may not be accessible from time to time. 

6.2. You authorize My Favorite Band to process any and all of your transactions through use of the My Favorite Band Services. As the money is received by My Favorite Band from PayPal, it may take some time for the money to show up in your account. Your relationship with PayPal is separate from your relationship with My Favorite Band and is governed by the terms and conditions on the PayPal website. PayPal takes a certain percentage and/or fixed rate from your sales, and any fees My Favorite Band charges are separate from PayPal. You will be responsible for the PayPal fees incurred from your sales as well as any My Favorite Band fees. Please review PayPal’s terms to find out more about their fees. Please note that when money is sent to you from My Favorite Band via PayPal, PayPal may take out a percentage fee for the transfer of money, depending on your type of PayPal account. You are responsible for this and for PayPal fees incurred from your sales. Any percentage fees that My Favorite Band charges per sale are calculated based on the total sale price, which includes tax and shipping & handling. You are responsible for paying taxes incurred from sales of your products and services.

6.3. My Favorite Band acts as passive conduits for the distribution and publishing of your products and services, unless you enter into a paid distribution agreement with My Favorite Band described below.

6.4. Paid Distribution. At your request, and subject to My Favorite Band’s acceptance of your request and payment of applicable fees, My Favorite Band will provide a distribution solution for you. You shall provide the number of units of each product requested by My Favorite Band. You shall provide replenishment at My Favorite Band’s specific request. My Favorite Band will not be responsible for lost or damaged goods, either before or after received by My Favorite Band. My Favorite Band may reject your products if they do not appear new or meet the standards that My Favorite Band expects, in its sole discretion. If your products are rejected, they will be sent back to you at your expense. If you cancel your account with My Favorite Band or if your account is terminated, your products will be sent back to you at your expense. My Favorite Band agrees to receive, post pictures of, manage inventory count, sell, and ship your products and answer customer inquiries. All other aspects of your account will be your responsibility, including replenishment of products to My Favorite Band. 

7. Use by Members. The My Favorite Band Services to Members are for musical artists. Other commercial or personal use may only be used if endorsed by My Favorite Band. My Favorite Band reserves the right to remove content in its sole discretion. You may not use My Favorite Band Services to collect usernames, user id numbers, and/or email addresses of Members for the purpose of sending unsolicited email. Your Membership may be cancelled or we may change your username in our sole discretion if we believe that another musical artist with the same name is more well-known, or if we believe that you do not represent the musical artist in question. Unauthorized solicitation of any kind may be removed from Member profiles or stores without notice or explanation and may result in Membership termination. My Favorite Band reserves the right to take legal action for any unauthorized or illegal use of My Favorite Band Services.  

7.1. Members MUST include contact information so that customers can contact the appropriate party with questions and concerns about orders and products. Furthermore, it is your responsibility to provide and check your account and contact information for accuracy. Any changes to your account should be communicated with My Favorite Band so that payments are not misdirected or lost. My Favorite Band will not be responsible or liable for lost payments due to a change in contact information or technical problems.

8. Proprietary Rights in Content on My Favorite Band.

8.1. My Favorite Band does not own the rights to any text, files, images, photos, sounds, or any other materials (collectively, “Content”) that you post on or through My Favorite Band Services. By posting Content, you hereby grant My Favorite Band a limited license to use, modify, delete from, add to, publicly and digitally perform, publicly display, reproduce, create derivative works of, and distribute such Content solely on or through the My Favorite Band Services. If you cancel your account, My Favorite Band will cease distribution of your Content as soon as practicable.

8.2. The license you grant to My Favorite Band is non-exclusive and you may post and sell your products anywhere else. You retain all profits from the sales of your products. My Favorite Band is not required to pay you for the Content you post, but will reimburse you for the sales of your products, less PayPal fees and designated My Favorite Band fees.

8.3. You represent and warrant that you own the Content you post on or through My Favorite Band Services or have the right to do so. You represent and warrant that the posting of your Content on or through the My Favorite Band Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay and be responsible for all royalties, fees, and any other monies owed to any person or entity by reason of any Content posted by you on or through the My Favorite Band Services.

8.4. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing by other Users or My Favorite Band licensors on or through the My Favorite Band Services. 

9. Content and Activity.

My Favorite Band and its Members agree to comply with the Digital Millennium Copyright Act. My Favorite Band may reject, refuse to post, or delete any Content for any or no reason. My Favorite Band assumes no responsibility for monitoring the My Favorite Band Services for inappropriate Content or conduct. If My Favorite Band chooses, in its sole discretion, to monitor the My Favorite Band Services for inappropriate Content or conduct, My Favorite Band assumes no liability or responsibility for the Content, no obligation to modify or remove inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content you post on or through the My Favorite Band Services.

The following are examples of the kind of Content that is illegal or prohibited to post on or through the My Favorite Band Services and the type of activities that are illegal or prohibited on the My Favorite Band Site or through the My Favorite Band Services. My Favorite Band has the right to take legal action against anyone who, in My Favorite Band’s sole discretion, violates this provision. 

Prohibited Content includes, but is not limited to, Content that, in the sole discretion of My Favorite Band:

9.1. is false, inaccurate, or misleading;

9.2. violates the privacy rights, publicity rights, copyrights, or any other rights of any person, or violates any laws or regulations;

9.3. involves impersonating or attempting to impersonate another Member, person, or entity;

9.4. advertises to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the My Favorite Band Services.

9.5. is patently offensive;

9.6. harasses or advocates harassment;

9.7. solicits personal information from anyone under 18;

9.8. contains nudity, excessive violence, or offensive subject matter;

9.9. contains a link to an adult website;

9.10. contains any viruses, Trojan horses, worms, or other computer programming, including web page code, that may damage, interfere with, or intercept any system, data, personal information, or My Favorite Band’s Services.

9.11. involves criminal activity;

9.12. links directly or indirectly to or include descriptions of goods or services that violate any applicable laws.

9.13. creates liability, undue risk, or undue burden for My Favorite Band;

9.14. is harmful or potentially harmful to the My Favorite Band Services or structure, including without limitation overloading the My Favorite Band technical infrastructure;

9.15. contains restricted or password only access pages or hidden pages or images;

9.16. promotes or constitutes information that you know is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, or obscene;

9.17. constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;

9.18. solicits passwords or personal indentifying information for commercial or unlawful purposes from other Users;

9.19. involves commercial activities and/or sales without consent from My Favorite Band;

9.20. includes a photograph or video of another person that you have posted without that person’s consent;

9.21. is fraudulent or involves the sale of counterfeit or stolen items.

Prohibited activities include, but are not limited to activities that:

9.22. involve the transmission of any unsolicited materials, junk mail, chain letters, or spam.

9.23. involve publicly posting information that creates a privacy or security risk to any person;

9.24. use any unfair Content intended to draw traffic to the profile;

9.25. involve subleasing your account or offering other access to your account to third parties;

9.26. cover or obscure banner advertisements on your store page, or any My Favorite Band page;

9.27. involve any automated use of the system;

9.28. involve using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;9.29. involve selling or otherwise transferring your profile;

9.30. are criminal or prohibited by My Favorite Band, including child pornography, drug dealing, gambling, or harassing;

9.31. involve bypassing or modifying any security technology or software that is part of My Favorite Band Services;

9.32. create an undue burden on the My Favorite Band Services;

9.33. include selling or transferring your profile;

9.34. involve creating or maintaining any prohibited Content listed above.

10. Member Disputes. You are solely responsible for your interactions with My Favorite Band Members. My Favorite Band reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members, including, but not limited to, the customer service related to a sale of an item not distributed by My Favorite Band. 

11. Privacy. Use of the My Favorite Band Services is also governed by our Privacy Policy, which is incorporated into this agreement by this reference. The Privacy Policy can be found as a link on the My Favorite Band Site home page. My Favorite Band is not responsible for the security of any information transmitted over the My Favorite Band Services. 

12. Disclaimers. My Favorite Band is not responsible for and makes no warranties as to the User Content or the accuracy and reliability or the User Content posted on or through the My Favorite Band Services. User Content does not reflect the opinions or policies of My Favorite Band. My Favorite Band is not responsible for the content of other websites linked to the My Favorite Band Site. When you access these third party sites, you do so at your own risk. My Favorite Band takes no responsibility for third party advertisements or applications that are posted on or through the My Favorite Band Services, nor does it take any responsibility for the goods and services provided by its advertisers. My Favorite Band is not responsible for the conduct of any User of the My Favorite Band Services and is not responsible for unfulfilled orders, unless the products are distributed by My Favorite Band. Under no circumstances shall My Favorite Band be responsible for any loss or damage, including personal injury or death, resulting from use of the My Favorite Band Services. My Favorite Band Services are provided on an “as is” basis. My Favorite Band, it suppliers and providers, do not warrant that the software, additional software, or any of My Favorite Band Services will be error-free or uninterrupted and make no representations regarding uptime, use, data security, accuracy, and reliability of their services. My Favorite Band cannot guarantee and does not promise any specific results from use of the My Favorite Band Services.

13. Limitation on Liability. IN NO EVENT SHALL MY FAVORITE BAND, ITS SUPPLIERS, OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE MY FAVORITE BAND SERVICES, EVEN IF MY FAVORITE BAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY FAVORITE BAND’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, ONLY IN THE FORM OF MONEY, BY YOU TO MY FAVORITE BAND FOR THE MY FAVORITE BAND SERVICES DURING THE TERM OF MEMBERSHIP.

14. Disputes. The Agreement shall be governed by the laws of the State of California. For claims in which the total amount of the award sought is less than $15,000, you or My Favorite Band may elect to resolve the dispute through binding arbitration, administered by the American Arbitration Association or the Judicial Arbitration and Mediation Service. Any other claim arising out of the Agreement will be resolved through courts located in Los Angeles, California.

15. Customer Data and Privacy. You own all data disclosed by or collected about an individual or entity that accesses your Content (“Customer Data”). My Favorite Band does not sell or rent any Customer Data. When gaining Customer Data, you must abide by the Privacy Policy contained herein. Customer Data must be respected.

16. Indemnity. You agree to hold My Favorite Band, its subsidiaries, affiliates, partners, and employees harmless from any loss, liability, claim, or demand made by any third party arising out of your use of the My Favorite Band Services.

17. Use of PayPal. We require use of PayPal as the payment solution for Members and as the payment method for Customers. In order to use PayPal as a Member, you must sign up for a Business or Premier PayPal account and comply with PayPal’s policies, terms, and privacy agreements.

18. Construction. Headings are for reference purpose only and in no way define, limit, construe, or describe the scope or extent of such section.

19. U.S. Export Laws. The United States export control laws apply to you and your use of My Favorite Band Services.

20. Other. If any provision of this Agreement is unenforceable, unlawful, or void, that provision is deemed severable from this Agreement and all other provisions remain valid and enforceable. My Favorite Band failing to enforce any part of this Agreement does not imply a waiver of such part. My Favorite Band may disclose Member information in order to comply with law enforcement. 

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.