The following provisions govern the use of NewBandDaily.com (the “Site”) operated by NewBandDaily LLC (the “Distributor”) to Distributor’s members.  Members agree to the following by submitting a sign-up process/member registration form.

Copyright and Trademarks

The entire contents and design of the Site are protected under US and international copyrights.  The Site is for your personal noncommercial use. You may not modify, copy, distribute, transmit, display, or publish any materials contained on the Site without the prior written permission of the Distributor or the appropriate copyright owner.  Please refer to the copyright notice for more information.  Certain names and logos are trademarks and service marks of the Distributor and third parties and may not be used without permission.

Disclaimer

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” 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.

YOUR USE OF THE SITE IS AT YOUR OWN RISK.
ACCESS TO THE SITE MAY BE INTERRUPTED AND INFORMATION PROVIDED MAY NOT BE ERROR FREE.

THE DISTRIBUTOR, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR THE MATERIALS CONTAINED THEREIN, ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, NOR SHALL THEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE.

The content available through the Site is protected by copyright and other intellectual property laws.  Published content may be displayed, reformatted and printed for your personal, non-commercial use only.  You agree not to reproduce, retransmit, distribute, display, sell, publish, broadcast or circulate any content published by the Distributor to anyone, including but not limited to others in the same company or organization, without the express prior consent of the Distributor.

Indemnification

You agree to hold harmless and indemnify the Distributor, their owners and agents, against any liability for any claims and expenses, including reasonable attorney’s fees, relating to any violation of the terms of this Agreement or arising out of any materials submitted by you.

This Agreement shall be governed by the laws of the State of Delaware applicable to agreements wholly made and performed in Delaware without regard to its conflict of laws principle.  Before seeking legal recourse for any harm you believe you have suffered from your access to the Site, you will give the Distributor written notice specifying the harm and 30 days to cure the harm after providing such notice. In the event that you believe you have been irreparably harmed by any cause of action relating to the Distributor, you agree to inform the Distributor in writing and grant the Distributor 30 days to cure the harm before initiating any action.  Any legal action, suit or proceeding arising out of or relating to this Agreement or a breach thereof, shall be instituted in a court of competent jurisdiction in Wilmington, Delaware, and you hereby consent and submit to personal jurisdiction of such court, waive any objection to venue in such court and consent to service of process by overnight courier or express mail at your last known address.  Any cause of action initiated by you must be initiated within one year after the claim or cause of action has arisen or it will be barred.

By submitting the Distributor sign-up process/membership application form or accessing materials on the Site you agree with all the terms and conditions of this Agreement.  You further agree that this agreement and the terms and conditions hereof, including all disclaimers set forth herein, shall inure to the benefit of the editors and their agents, as third-party beneficiaries hereto, to the same extent that this agreement inures to the benefit of the Distributor.
The Distributor reserves the right, at its sole discretion, to change the terms and conditions of this Agreement from time to time and your access to the Site will be deemed to be your acceptance of and agreement to any changed terms and conditions.

The Distributor may contain links to web sites operated by other parties. Such links do not imply the Distributor’s endorsement of material on any other site and the Distributor disclaims all liability with regard to your access of such linked web sites.