BigBrassBand Terms of Use

Last updated: September 2017

These Terms of Use are part of the agreement between BigBrassBand LLC and its related entities ("BigBrassBand", "we", "us" or "our") and each visitor or registered user, as the case may be (each, a "user" or "you") concerning the use of the BigBrassBand Websites (collectively, the “Service”).  The other part of the agreement is the Privacy Policy.  By using the Service, you agree to be bound by the Terms of Use ("Agreement"), whether or not you are a registered user.  This Agreement sets out the legally binding terms for your access and use of the Service.

We may change this Agreement from time to time.  We encourage you to review this Agreement whenever you use our Services.  Your continued use of the Service after any changes to this Agreement will constitute your acceptance of such modification.  If you disagree with any changes to this Agreement, you will need to stop using our Services.

1.  Definitions


BigBrassBand Websites

BigBrassBand's websites, including but not limited to bigbrassband.com and any related websites.

2.  User Age


You represent and warrant that you are 13 years of age or older and that your use of the Service will not violate any applicable law or regulation.  If you are at least 13 years of age, but under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of the Service.  If you are 18 years of age or older, but have been deprived of your legal and/or financial rights via a legal procedure, and intend to purchase Service from the website, your legal and/or financial guardian, must expressly consent to your use of the Service.

3.  Ownership; Proprietary Rights


3.1  BigBrassBand owns the Service

You acknowledge that you do not acquire any ownership rights by using the Service.

All content (including without limitation any pictures, logos, images, text and podcasts) appearing on the Service is our property or the property of our licensors or suppliers and is protected by copyright law, in the United States and other countries.  You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means.

3.3  Trademarks

Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included on the Service are our trademarks or trademarks of our licensors, or sponsors (collectively, the "Trademarks") and are protected by trademark law, in the United States and other countries.  The Trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits us.

4.  Registration


4.1  By registering for the Service, you acknowledge and agree that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.  Your registration is solely for your personal use, and you shall not authorize others to use your account. We reserve the right, in our sole discretion, to review and delete your registration should we find something that might be considered objectionable.

4.2  Term and Termination

This Agreement shall remain in full force and effect while you use the Service. You may terminate your registration at any time, for any reason, by contacting us.  We may terminate your registration at any time, for any reasons, effective upon sending notice to you at your registered email address.

5.  Submissions; Acceptable Use Policy


5.1  Submissions; Monitoring

The Service enables you to post comments and other content ("Submissions").  You are solely responsible for all Submissions published or displayed through your account.  You represent and warrant that: (i) you own the Submission or otherwise have the proprietary rights to the Submission, and (ii) your Submission does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person.  You agree to comply with any Submission size and usage limitations.  You acknowledge and agree that we have the right to monitor and to alter, edit, refuse to post or remove any Submissions that you post, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Submission.

5.3  Acceptable Use Policy

We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the registration of such violators.

5.3.1  Restricted Content

You agree not to post or otherwise submit to the Service any Submission that:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. is fraudulent, or promotes information that you know is false or misleading,
  4. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  5. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work, such as by linking to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link;
  6. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  7. provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone;
  8. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  9. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  10. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  11. uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to a personal profile;
5.3.2  Other Prohibit Conduct

You agree to not engage in the following conduct:

  1. transmit "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  2. collect user names or email addresses by electronic or other means for the purpose of sending unsolicited email.
  3. advertise or solicit any user of the Service to buy or sell any products or services;
  4. cover, obscure or block any advertisements on the Service;
  5. automate the use of the Service, such as by using scripts;
  6. attempt to impersonate another registered user or person who is not a registered user of the Service; use the account, user name, or password of another registered user at any time; disclose your password to any third party or permit any third party to access your account; or sell or otherwise transfer your registration; or
  7. use the Service for any illegal or unauthorized purpose, you agree to comply with all laws, rules, and regulations applicable to your use of the Service;
  8. interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment or interferes with or disrupts the Service, services connected to the Service, or otherwise interferes with operations or services of the Service in any way.

6.  Third-Party Services


In order to provide you with a rich set of features, we may utilize third-party service providers.  You agree that we can exchange information with our third-party services providers, under our Privacy Policy, as necessary to implement such features.


We and/or third parties may provide links to other websites of possible interest to you.  Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites.  You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites.  All such websites shall be subject to the policies and procedures of the owner of such websites.  We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.

8.  Disclaimers


8.1  The opinions expressed in Submissions posted on the Service are not necessarily our opinions.  We do not endorse any opinion, advice or statement contained in a Submission.  Further, we are not responsible for the conduct, whether online or offline, of any user of the Service.

8.2  You expressly agree that use of the Service is at your sole risk.  Neither BigBrassBand, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy, reliability, completeness, correctness, timeliness or usefulness of any information, service, or product provided through the Service.

8.3  The Service 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 the laws applicable to these terms of service.

9.  Limitation of Liability


9.1  In no event shall we, our officers, directors, employees, agents, sponsors, advertisers, affiliates, successors or assigns, be liable for (i) indirect, incidental, special, consequential or punitive damages arising out of the availability, use, reliance on, or inability to use the service, even if we or our agents shall have been advised of the possibility of such damages regardless of the form of action, whether in contract, tort, or otherwise; (ii) indirect, incidental, special, consequential or punitive damages arising out of your reliance on content (including without limitation any Submissions) obtained through the service or caused by the conduct of visitors to the service; or (iii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the service. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

Our aggregate liability to you or any third party arising in connection with use of our service in any circumstance is limited to fifty dollars ($50.00).

9.2  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indirect, incidental, special, consequential or punitive damages. Accordingly, some of the above limitations may not apply to you.

10.  Indemnification


You agree to indemnify, defend and hold us, our affiliates, officers, directors and employees harmless from any claim, expense or demand, including without limitation reasonable attorneys' fees, made by any third party due to or arising out of your use or misuse of the Service, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any content or other materials by you or users authorized by you or any violation of this Agreement by you, or your violation of any law or the rights of a third party.  You agree that under no circumstances will we be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold us harmless for (i) any errors or omissions in any Submission posted by you, or (ii) any loss or damage of any kind incurred as a result of the use of any Submission posted by you.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.

11.  Privacy


We are committed to safeguarding your privacy. The terms regulating the handling of personal information and other information about you are described in our Privacy Policy open in new tab. By using the Service, you consent to the processing described therein.

12.  Governing Law; Venue


This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.  You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

We control and operate the Service from the United States. We do not represent that the materials on the Service are appropriate or available for use outside of the United States.  Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Please note that your use of the Service may be subject to other local, state, national, and international laws.

13.  General


If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  You agree that this Agreement may be automatically assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.  The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

14.  Contact Us


If you have any questions or concerns regarding the Service, please contact BigBrassBand LLC, PO Box 1462, Ormond Beach, FL 32175 by telephone at +1 678 643 8430 or by e-mail at support@bigbrassband.com.