Last Update: OCTOBER 30, 2018
Description of the ShowYourBand.com Web Site or Service
ShowYourBand.com (The “Web Site”) is a free video hosting website that enables users to access, view, and share videos. Signed-in or registered users are allowed to upload and store videos to our Web Site.
Third Party Links
ShowYourBand.com (This “Web Site”) may contain links to third-party Web Sites that are owned and opperated by other entities, and are not controlled by ShowYourBand.com. Some third-party developer API’s may also be used in creating or delivering content or features on this Web Site. ShowYourBand is not affiliated with those third party websites, and assumes no responsibility for, or has any control over, the content, privacy policies, or practices of any third party Web Sites. By using ShowYourBand.com you may be subject to those parties Terms of Service or Privacy Policies. If You decide to visit any linked site or use any features of this Web Site that use API’s provided by other entities, acknowledge that you do so at your own risk and that it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. ShowYourBand.com will not and is unable to censor or edit the content of any third-party site. By using this Web Site, you expressly release ShowYourBand.com from any and all liability arising from your use of any third-party website. By using this Web Site, you also agree that any of these third-party entities have their own Terms and as such they may have the right to enforce those Terms against you.
Altering This Web Site or It’s Services
By using or visiting this Web Site, (ShowYourBand.com) you agree that you will not alter or modify any part of the Web Site, it’s video player or it’s code. You agree that you will not attempt to circumvent, disable or otherwise interfere with any security related features of this Web Site or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the Web Site or any content accessible via the Web Site. You agree not to collect or harvest any personal data of any Visitor, Viewer, User of this Web Site for the solicitation of business in the course of trade or in connection with a commercial enterprise.
If you have any questions, you may contact us.
ShowYourBand.com (“We”, this “Web Site”) grants you “the User” permission to use this Web Site, providing: (i) you agree to comply with our Terms & Conditions (ii) use the Web Site solely for your personal, noncommercial use; (iii) you will not copy, distribute or modify any part of the Web Site without prior written authorization of ShowYourBand.com; (iv) agree to not transmit any content which contains software viruses, or other harmful computer code, files or programs; (v) agree to not disrupt servers or networks connected to the Web Site.
By accessing and/or using the ShowYourBand.com, without being logged into a User Account, you will be hereinafter a “Visitor.” As a Visitor, you will only have the ability to view or share videos available on the ShowYourBand.com Web Site, but will not be able to upload or use any other features available to “Users” by creating or signing up for a “User Account”.
In order to access some features of ShowYourBand.com or if You want to be able to upload videos, you will have to create a “User” account. You may never use another individual or entity’s account without that individual or entity’s permission. Information provided by You to create your ShowYourBand.com Account must be accurate and complete in order for “us” ShowYourBand.com to verify that the email address You provided is valid. You will receive an email from ShowYOurBand.com, asking You to validate Your email address.
After having created your ShowYourBand.com account and having validated Your email address, then you will be considered a “User”, otherwise you will be considered a “Viewer” and will not be able to upload videos or access the other features of this Web Site.
If You are a User, You may upload video files (video files must be compliant with these Terms) on ShowYourBand.com, and have a nickname, or username, and an avatar that will be associated with Your account. Any and all elements posted by You on the ShowYourBand.com are considered to be “Your Content.”
You (the “User”) are solely responsible for the activity that occurs on your account, and understand that it is your sole responsibility to keep your account password secure and confidential. You must notify “us”, ShowYOurBand.com, immediately of any breach of security or unauthorized use of your account. You will be liable for any use on, from or of your account, or your password, and the losses of ShowYourBand.com or others due to such unauthorized use. ShowYourBand.com will not be liable for losses caused by any unauthorized use of any user account.
You shall not use the ShowYOurBand.com website as a User if: (a) You are not of legal age to form a binding contract with ShowYourBand.com, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using ShowYOurBand.com under the laws of the country in which You are resident or from which You access or use the our Web Site.
You understand that when using the Web Site, you will be exposed to User Submissions from a variety of sources, and that We (“ShowYourBand.com”) is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against ShowYourBand.com with respect thereto, and agree to indemnify and hold ShowYourBand.com, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of this Web Site. You acknowledge that access to certain Content which may be available through the Web Site and which depict violence, or contain images of nudity, sexual acts, or other sexual material (“Mature Content”) is permitted only if you are over the minimum age applicable in your jurisdiction.
User Submissions or “Uploads”
The Web Site facilitates the submission of videos or other Content by you and other users (“User Submissions”) and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, ShowYourBand.com (this “Web Site”) does not guarantee any confidentiality with respect to any User Submissions. ShowYourBand.com operators have complete discretion over whether to display your User Submission on this Web Site.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize ShowYourBand.com to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Web Site and these Terms & Conditions; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Web Site and these Terms & Conditions.
If You are not an individual, You represent to ShowYourBand.com that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You using or accessing the ShowYourBand.com Service.
By using our Web Site, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant ShowYourBand.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ShowYourBand.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. ShowYourBand.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ShowYourBand.com expressly disclaims any and all liability in connection with User Submissions.
ShowYourBand.com or it’s operators may, in it’s sole discretion, modify these Terms from time to time, and you agree to be bound by such modifications. Although we may attempt to notify You when major changes are made to these Terms, You should periodically review the most up-to-date version which shall always be accessible from the homepage of the ShowYourBand.com website. If You do not agree to the modified Terms, Your only recourse is to stop using our webiste or services. Your continued use of this Web Site or It’s services after the date the modified Terms are posted will constitute Your acceptance of the modified Terms.
Submitted Content Rights (“User Submissions”, or “Uploads” Rights)
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to ShowYOurBand.com, you hereby grant Us (“ShowYourBand.com”), a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Web Site and ShowYourBand.com’s business, including without limitation to grant access to the Web Site to third parties to view the User Submission (and derivative works thereof). You may notify Us to remove the User Submission from the Web Site, and ShowYourBand.com operators will do so within a reasonable time period, at which point the foregoing license to ShowYourBand.com will terminate other than with respect to usages by ShowYourBand.com prior to such removal.
You also hereby grant each user of the Web Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.
Copyright and Content Policy
In view of the user-driven nature of ShowYourBand.com, and out of consideration for the general public, You are responsible for maintaining certain ethical standards respecting the Content You upload on the ShowYourBand,com web site. You represent and warrant as an essential condition that Your Content, and any images, data and/or text which you may disseminate through the ShowYourBand.com Service: (i) contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape or abuse; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia); (ii) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that You have not created yourself or for which You do not have the necessary clearances and permissions from third party rights owners or copyright royalty collection organizations in such materials); (iii) does not infringe personal rights (i.e. that is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual’s right to his or her image); (iv) is not contrary to public policy and accepted moral standards; (v) does not display, incite or otherwise promote illegal or immoral activity, and (vi) does not violate any applicable laws or regulations.
By uploading or disseminating images, data, and/or text to or through ShowYourBand.com, You warrant that You are not uploading any infringing material and expressly warrant that You have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute Your Content on ShowYourBand.com.
Intellectual Property Rights
ShowYourBand.com respects the intellectual property rights of others, and requests you, as users of our Web Site, do the same. ShowYourBand.com or it’s operators do not permit copyright infringing activities and infringement of intellectual property rights our Web Site or related services, and our operators will remove all Content if properly notified that such Content infringes another’s intellectual property rights. ShowYourBand.com reserves the right to remove Content without prior notice. ShowYourBand.com operators will also terminate a User’s account if the User is determined to be a repeat infringer of copyright. We (“ShowYourBand.com”) may remove such Content and/or terminate a User’s account due to a violation of these Terms & Conditions at any time, without prior notice and at our sole discretion.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide ShowYourBand.com or it’s operators the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Our contact for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Claim
ShowYourBand.com c/o Rand Newiger
205 MARBLE DRIVE
EVANSTON, WY. 82930
By email: syb[at]showyourband[dot]com
Your Intellectual Property Rights
For the entire period during which Your Content is hosted on the ShowYourBand.com Web Site, You grant to us, the non-exclusive rights to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on our Web Site or services.
By making Your Content accessible on ShowYourBand.com, You agree to allow any Visitors of the our Web Site, to view and to share Your Content through the use of our video player(s) on or through any declination of our Web Site, as accessible (online or offline) via any current or future device capable of distributing ShowYOurBand.com by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge.
Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted – including Your Content – cannot be protected against risks of misappropriation and/or piracy, for which ShowYourBand.com or it’s operators shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.
Our Intellectual Property Rights
We, (“ShowYourBand.com”) grant You a personal, non-exclusive, non-transferable and revocable right to access and use our Web Site and it’s services, which right is conditioned on Your compliance with the Terms.
The content (other than Your Content and other users’ content) included on or accessible through the ShowYourBand.com Web Site, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the ShowYourBand.com Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software, is the exclusive property of ShowYourBand.com and it’s operators and licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations if/where applicible.
ShowYourBand.com Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of ShowYourBand.com or it’s operators or licensors. You agree to not use or exploit ShowYourBand.com Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any content on ShowYourBand.com except where otherwise previously detailed in this document.
All rights not expressly granted in the Terms are reserved to ShowYourBand.com or it’s operators.
Reporting Prohibited Content
ShowYourBand.com has established an easily accessible means of allowing anyone to notify us of the availability of infringing content or illegal content and/or activity on our Web Site or services.
If You notice infringing or illegal content and/or activity on ShowYourBand.com, you can report it to us at any time by contacting us via a form available from the homepage of the ShowYourBand.com website, by clicking the report button underneath any of the video players on the Web Site, or by submitting a copyright claim via e-mail or by physical mail to the address noted above, under the “Intellectual Property Rights” section of this document.
Our Liability as Host’
In its capacity as a web hosting service provider, ShowYourBand.com is under no legal obligation to monitor content uploaded on the ShowYourBand.com Web Site, nor is it obligated to actively seek facts or circumstances indicating illegal content, but shall forthwith remove or disable access from its Web Site, any infringing content once having been notified of its existence.
You agree that Your use of the ShowYourBand.com shall be at your sole risk and liability. In this regard, You are solely responsible for (i) Your use of the ShowYourBand.com Web Site and more specifically for Your Content, and (ii) the protection of its computer hardware against any virus or interruption.
ShowYourBand.com shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the ShowYourBand.com Service, (ii) or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, ShowYourBand.com does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose.
You acknowledge and agree that ShowYourBand.com or it’s services, in whole or in part (including, without limitation, the look and feel, the thematic channels, the functionality, and/or video player(s)), on and through which Your Content will be distributed is provided “AS IS” without warranty, provided that ShowYourBand.com may enhance, modify and update the ShowYourBand.com services at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the ShowYourBand.com Service.
Because the ShowYourBand.com and it’s services are not designed to function as a video back-up service, You are responsible for taking all necessary precautions to safeguard Your video files. In accordance with internet practice and custom, advertisements may be incorporated into and onto the ShowYourBand.com Web Site or video palyer(s), and then associated to your ShowYourBand.com Account and/or Your Content.
ShowYourBand.com reserves the right to decide in its sole discretion whether Your Content, Your ShowYourBand.com Account and/or Your use of the ShowYourBand.com Web Site violates these Terms for any reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Failure to comply with these Terms may result in (i) Your Content being removed and/or (ii) Your ShowYourBand.com Account being deactivated (iii) any elements or data related to Your Content or to Your ShowYourBand.com Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from ShowYourBand.com services, without prior notice. In addition, ShowYourBand.com and it’s operators reserve the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.
By using our Web Site or services, you agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Web Site in a manner that sends more request messages to the ShowYourBand.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. ShowYourBand.com grants the operators of public search engines permission to use spiders to copy materials from the Web Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ShowYourBand.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Web Site, nor to use the communication systems provided by the Web Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web Site with respect to their User Submissions (as defined below).
ShowYourBand.com has the right to terminate your access to the Web Site, in its sole discretion, immediately and with or without cause.
YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SHOWYOURBAND.COM, ITS OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. SHOWYOURBAND.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEB SITE. SHOWYOURBAND.COM OR IT’S OPERATORS DO NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR FEATURED IN ANY ADVERTISING, AND ShowYourBand.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL SHOWYOURBAND.COM, OR IT’S OPERATORS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHOWYOURBAND.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ShowYourBand.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless ShowYourBand.com, its affiliates, and it’s operators, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Web Site; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Web Site.
Ability to Accept Terms & Conditions
You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the ShowYourBand.com Web Site or services or any of its features, whether or not if you are a Visitor, a Viewer, or a User. For the sake of clarity, watching videos from or on ShowYourBand.com, and/or maintaining a ShowYourBand.com Account are all deemed to be uses of the ShowYourBand.com services.
Last Update: OCTOBER 30, 2018