Terms of Service

We wouldn't be in the music biz if there wasn't fine print

  1. Acceptance of Terms

    76design Inc. ("76design") provides the Service (as hereinafter defined) to the Band subject to the following Terms of Service ("TOS"), which may be updated by 76design from time to time without notice to the Band. This TOS will apply to each band and any person acting on behalf of the band (collectively referred to as the "Band") who wishes to use the services of 76design to create and maintain its own fanclub page (the "Fanclub").

  2. Description of Service

    76design provides bands with access to [NTD: Client to insert description of service] (the "Service"). The Band understands and agrees that the Service may include advertisements and that these advertisements are necessary for 76design to provide the Service. The Band also understands and agrees that the Service may include certain communications from 76design, such as announcements and administrative messages. The Band understands and agrees that the Service is provided "AS-IS" and that 76design assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Fanclub information or personalization settings, if any. The Band must provide and is responsible for all equipment necessary to access the Service.

  3. Registration Obligations

    In consideration of the use of the Service, the Band agrees to: (a) provide true, accurate, current and complete information about the Band. If the Band provides any information that is untrue, inaccurate, not current or incomplete, or 76design has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 76design has the right to suspend or terminate the Fanclub and refuse any and all current or future use of the Service (or any portion thereof).

  4. 76design Privacy Policy

    The Band may obtain information about the privacy policy of 76design at [NTD: insert link to policy]

  5. Member Account, Password and Security

    In order to use the Service, all Bands must accept this TOS by clicking the "I accept" button at the end of this document. The Band will receive a password to access the Band’s Fanclub upon

    completing the registration process for the Service. The Band is responsible for maintaining the confidentiality of the password and is fully responsible for all activities that occur under the Band’s password and on its Fanclub. The Band agrees to (a) immediately notify 76design of any unauthorized use of the Band’s password or Fanclub or any other breach of security, and (b) ensure that it exits from its Fanclub at the end of each session. 76design cannot and will not be liable for any loss or damage arising from the Band’s failure to comply with this Section 5.

  6. Band Conduct

    The Band understands that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), posted on the Fanclub or transmitted in any other way, are the sole responsibility of the Band and/or person from whom such Content originated. This means that the Band, and not 76design is entirely responsible for all Content that the Band uploads, posts, emails, transmits or otherwise makes available via the Band’s Fanclub and the Service. 76design does not control the Content posted on the Band’s Fanclub or in another forum and, as such, does not guarantee the accuracy, integrity or quality of such Content.

    The Band agrees to not use the Service or its Fanclub to:

    • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    • harm minors in any way;
    • impersonate any person or entity, including, but not limited to, a band, group, 76design or host, or falsely state or otherwise misrepresent the Band’s affiliation with a person or entity, including without limitation another band;
    • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose;
    • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    • intentionally or unintentionally violate any applicable law of the Province of Ontario, Canada or international law; and
    • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through h above.
  7. Termination

    The Band agrees that 76design may, under certain circumstances and without prior notice, immediately terminate the Band’s 76design account, Fanclub, and access to the Service. Cause for such termination shall include, but is not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, if any (b) requests by law enforcement or other government agencies, (c) a request by the Band (self-initiated account and Fanclub deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by the Band in fraudulent or illegal activities. Termination of the Band’s 76design account includes (a) removal of access to all offerings within the Service, including but not limited to the Band’s Fanclub, (b) deletion of the Band’s password and all related information, files and content associated with or inside the Band’s account and its Fanclub (or any part thereof), and (c) barring of further use of the Service.

  8. Indemnity and Waiver

    Each Band agrees to indemnify and keep indemnified 76design, its successors and assigns, and each of its respective directors, officers, employees and agents (collectively "76design") from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Content posted on its Fanclub or from any other matter relating to its participation herein including but not limited to use of the information arising from the Service, its Fanclub or otherwise arising from using the Service and/or its Fanclub.

    Each Band waives any right to bring any claim or action against 76design for any loss, damage or injury arising from use of the Service, the Fanclub or any Content from the Service or from this TOS.

  9. Exclusion of Warranties and Liability

    76design does not warrant the content, accuracy or veracity of the Service. Each Band accepts the Service "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.

    In no event will 76design be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Band's access to, or use of the Service, Fanclub, any Content thereon or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if 76design has been advised of the possibility of such damages.

  10. Applicable Law

    Each Band agrees that this TOS and any dispute arising in any way in relation to the Service will be governed by and construed in accordance with the applicable laws of the Province of Ontario and the laws of Canada applicable therein ("Applicable Law"). The Band acknowledges and agrees that this TOS was drafted in accordance with the Applicable Law only.

  11. General

    Entire Agreement. This TOS represents the entire agreement between the Band and 76design relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Service. The Band may also be subject to additional terms and conditions that may apply when the Band uses or purchases certain other 76design services, affiliated services, third-party content or third-party software, if any.

    Severability of Terms. In the event that any provision in this TOS is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions shall be enforceable to the fullest extent permitted by the Applicable Law.

    Assignment. This TOS shall not be assigned without the prior written consent of 76design.