Terms of Service

Introduction

Welcome to BandDjinni, a music-centric social network, marketplace, event marketing platform, streaming platform and digital performance platform (“BandDjinni”) that connects artists, fans, venues, and music industry professionals. BandDjinni provides a proprietary platform and service for emerging musical artists to promote their original music and grow their musical career. BandDjinni is a product and registered trademark of DjinnFizz Inc. (“DjinnFizz”, “we”, “us” or “our”)

The following terms of service (the “Terms of Service”) is a legal contract between you, an individual user of at least 18 years of age or a single entity (“you”, “user” “User” or, collectively, “Users”), and DjinnFizz regarding your use of BandDjinni. These Terms of Service apply to you as a user of BandDjinni, our music promotion services, and any other services DjinnFizz or BandDjinni may offer, including all content and functionality available through the banddjinni.com or banddjinni.live domain names (collectively, the “BandDjinni Service”).

Service Terms and Limitations

By using and/or visiting BandDjinni Services, you signify your agreement to (1) these Terms of Service, and (2) our privacy notice at http://my.banddjinni.com/privacy_policy and incorporated here by reference (the “Privacy Policy”). Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from Users. If you do not consent to the Terms of Service or the Privacy Policy please do not use BandDjinni Services.

This agreement remains in effect for as long as you continue to use and/or visit BandDjinni Services or maintain an account on BandDjinni.

DjinnFizz reserves the right, at its sole discretion, to modify these Terms of Service at any time by posting amended terms to the Terms of Service. These changes become effective immediately upon posting. Your continued use of the BandDjinni Service after the posting of changes constitutes your binding acceptance of such changes. Please check the Terms of Service periodically for changes.

User Representations. To access BandDjinni, you must create a BandDjinni User Account by completing the registration process. In registering for a BandDjinni User Account you represent and warrant that: (a) your use of the BandDjinni Services will not violate any applicable law; (b) all information provided to BandDjinni is true and accurate and you agree to update your Account Information as necessary to keep it accurate.

Eligibility. The BandDjinni Service is not available to persons under the age of 13 or to any users previously suspended or removed from the BandDjinni Service by DjinnFizz. BY USING THE BandDjinni SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE BANDDJINNI SERVICE.

Parental Advisory. IF YOU ARE BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE GENERAL TERMS OF SERVICE WITH YOUR PARENTS. THE BANDDJINNI SERVICES ARE NOT DESIGNED TO ATTRACT CHILDREN UNDER THE AGE OF 13 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR WEBSITE. BECAUSE BANDDJINNI SERVICES MAY PROVIDE ACCESS TO MUSIC THAT CONTAINS EXPLICIT CONTENT INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17. IN CASES WHERE YOU HAVE AUTHORIZED A MINOR TO USE THE BANDDJINNI SERVICES, YOU ACKNOWLEDGE THAT SOME AREAS OF OUR WEBSITE MAY CONTAIN CONTENT THAT IS INAPPROPRIATE FOR MINORS AND YOU ARE FULLY RESPONSIBLE FOR (1) THE ONLINE CONDUCT OF SUCH MINOR, (2) CONTROLLING THE MINOR’S ACCESS TO AND USE OF BANDDJINNI SERVICES AND (3) CONSEQUENCES OF ANY MISUSE BY THE MINOR.

User Agreement. You expressly agree: (i) that DjinnFizz has the right to suspend and/or terminate your account and refuse any and all current or further use of the BandDjinni Services if DjinnFizz determines, in its sole discretion, that any information you provide is untrue, inaccurate, not current and/or incomplete; (ii) to protect your username and password at all times; (iii) to notify DjinnFizz immediately of any unauthorized use of your account or any other need to deactivate your username and/or password due to security concerns; and (iv) that DjinnFizz shall not be responsible for unauthorized access to or alteration of your data. Your username and password are personal to you and under no circumstances may you allow any others to use your username and/or password. We are not liable for any harm caused or related to the theft or misappropriation of your username and/or password, disclosure or your username and/or password, or your authorization of anyone else to use your username and/or password. From time to time, DjinnFizz may find it necessary to access your account. For instance, DjinnFizz may access your account for support, maintenance or security-related reasons. In such event, DjinnFizz will, if possible, provide you notice of its intent to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access. You further understand that the BandDjinni Services may include certain communications from DjinnFizz that you cannot opt out of receiving.

Furthermore, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.

Privacy Rights

DjinnFizz is firmly committed to protecting your privacy and the information that BandDjinni gathers. For BandDjinni’s complete policy on privacy, please visit and review BandDjinni’s Privacy Policy at  http://my.banddjinni.com/privacy-policy. In registering for the BandDjinni Services, you represent and agree that you will not use the BandDjinni Services to track or collect personally identifiable information of any BandDjinni users, nor will you associate any data gathered with any personally identifying information from any source as part of your use of the BandDjinni Services.

User Submissions

You are solely responsible for the music, performances, sound, master recordings, photographs, pictures, graphics, video, chat, messages, files, information, code, data, text, software, works of authorship or other materials (“User Submissions” or “Submitted Content”) that you upload, post, publish, submit, display, perform or otherwise transmit (hereinafter, “transmit” or “transmissions”) on, to, through or in connection with the BandDjinni Services.

BandDjinni enables (a) certain users referred to herein as “Broadcasters” to distribute and display streaming live videos (“Performances”) and to distribute, post and display textual and photographic comments (“Broadcaster Comments”) and personally identifiable information commonly known as “name and likeness” (“Broadcaster Name and Likeness”) and (b) certain users referred to herein as “Viewers” to view the Performances and create textual and photographic comments (“Viewer Comments”). Broadcasters and Viewers do not refer to different types of users, rather, the terms refer to the activity engaged in by users.

Performances, Broadcaster Comments, Broadcaster Name and Likeness, and Viewer Comments together with all other transmissions are are collectively considered User Submissions (also referred to as “Submitted Content”)

BandDjinni Services are provided for independent musicians who are unaffiliated with Broadcast Music, Inc. (BMI), The American Society of Composers, Authors and Publishers (ASCAP), SESAC or any other Performance Rights Organization (“PRO”). By transmitting Submitted Content through BandDjinni Services, you warrant that compositions performed are not subject to PRO oversight and that you assume all obligations in conjunction with your promotion, performance, broadcast, distribution or other transmission of your Submitted Content through BandDjinni Services.

User Submissions are streamed, stored and distributed at your own risk. Notwithstanding any obligations hereunder of DjinnFizz to protect User Submissions, DjinnFizz cannot guarantee that there will be no unauthorized copying or distribution of User Submissions nor will DjinnFizz be liable for any copying or usage of Submitted Content not authorized by DjinnFizz.

DjinnFizz reserves the right to edit, monitor or otherwise control Submitted Content and to remove Submitted Content, which DjinnFizz, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Terms of Service or for no reason at all.

Restrictions

You warrant, represent and agree that you will not transmit or contribute any Submitted Content or otherwise use the BandDjinni Services or any personal user page in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) adversely affects or reflects negatively on BandDjinni’s goodwill, name or reputation or causes duress, distress or discomfort to BandDjinni users or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of BandDjnni Services, or from advertising, liking or becoming a supplier to use in connection with DjinnFizz; (v) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; (vi) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) falsely report to an employee or agent of DjinnFizz; (viii) circumvent, disable or otherwise interfere with security-related features of BandDjinni or its features that prevent or restrict access to any content; and/or (ix) intercept or attempt to intercept email or other private communications not intended for you.

You shall not: (i) copy, store, edit, change, prepare any derivative work or alter in any way any of the User Submissions on BandDjinni or content displayed through the BandDjinni Services without the expressed consent of the copyright holder; (ii) attempt to reverse engineer, hack into, or compromise any aspect of the BandDjinni Technology, or attempt to access data of any other user of BandDjinni; (iii) use, reproduce, modify or create derivative works of the BandDjinni Technology; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by DjinnFizz; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the BandDjinni Services; (vi) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the BandDjinni Services; (vii) make the BandDjinni Services available over a network where it could be used by others; (viii) circumvent any technology used by DjinnFizz or its licensors to protect content accessible via the BandDjinni Services; or (ix) transfer, lease, lend, sublicense, resell or otherwise distribute or allow third party access to all or any portion of the BandDjinni Technology, including, but not limited to, by sharing your access username and/or password.

Any unauthorized or prohibited use of Submitted Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws.

License Grant

Subject to your compliance with the terms and conditions set out in the Terms of Service, DjinnFizz hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the BandDjinni Service for the distribution of User Submissions.

Although you retain all ownership in your Submitted Content, when you transmit any Submitted Content on, to, through or in connection with the BandDjinni Services, you automatically grant (or warrant that the owner of such content has expressly granted) to DjinnFizz a perpetual, royalty-free, non-exclusive, irrevocable, fully assignable, unrestricted, worldwide right and license, with the right to sublicense as necessary to perform its obligations hereunder, to

(i) transmit, promote, reproduce, distribute, publish and/or broadcast User Submissions via BandDjinni Services.

(ii) create preview clips and artwork from User Submissions and make available your preview clips and artwork via BandDjinni Services;

(ii) encode, transcode, compress or convert User Submissions into any format, any bit rate, and using any Codec now known or later developed;

(iii) store User Submissions on one or more servers in order to transmit or display User Submissions to users and for routine archival purposes;

(iv) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses and biographical materials of you and all persons affiliated with User Submissions to BandDjinni Services;

(v) edit, reproduce, distribute, publicly perform, stream, display, transfer and host User Submissions;

(vi) publicly perform any musical compositions that may be contained within User Submissions and that are not licensed by Broadcast Music, Inc. (BMI), The American Society of Composers, Authors and Publishers (ASCAP) or SESAC, Inc; and

(vii) reproduce any musical compositions that may be contained within User Submissions.

Such rights and licenses will apply to any form, media, or technology now known or hereafter developed. You agree that you shall have no recourse against DjinnFizz for any alleged or actual infringement or misappropriation of any proprietary right in your Submitted Content to us.

By transmitting User Submissions through the BandDjinni Service, you hereby grant to each user of BandDjinni that is authorized to access your content a perpetual, personal, non-exclusive license to access and view your Submitted Content.

Notwithstanding the foregoing, you understand and agree that once Submitted Content is transmitted to any third party applications, widgets, websites or mobile, desktop or other services which are linked with your User Account or incorporated into other aspects of the BandDjinni Services (collectively, “Linked Services”), DjinnFizz is under no obligation to delete or ask a Linked Service to delete that Submitted Content, and therefore it may continue to appear and be used indefinitely on those third party destinations.

DjinnFizz will not be obligated to account and pay performance, mechanical or other royalties to you for any of your Submitted Content.

Proprietary Rights

Except for the limited licenses expressly granted herein, DjinnFizz expressly reserves all right, title and interest in and to the BandDjinni Services and all processing, analytics, proprietary content and other software and technology used by DjinnFizz in the provision of the BandDjinni Services (collectively, the “BandDjinni Technology”), including, without limitation, any derivatives, improvements, enhancements or extensions of the BandDjinni Technology conceived, reduced to practice or otherwise developed on or on behalf of DjinnFizz, all of which are valuable assets of DjinnFizz, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto. BandDjinni Technology is protected by U.S. and international copyright laws.

The compilation (meaning the collection, arrangement, and assembly) of all content on our website is the exclusive property of DjinnFizz and is also protected by U.S. and international copyright laws.

Linking to BandDjinni; Use of BandDjinni Logo.

DjinnFizz offers a non-assignable, non-transferable, and non-exclusive license to link to BandDjinni Services, using BandDjinni logos, subject to the following provisions. BandDjinni logos may be placed on a website or application for the sole purpose of creating a link to BandDjinni and allowing users to access the BandDjinni Services. BandDjinni logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by BandDjinni. BandDjinni logos may only be used in the exact size, shape, colors, design, and configuration as found on such web page. BandDjinni logos may not be altered in any manner. BandDjinni logos must appear by themselves, with reasonable spacing (at least 1.5 times the height of the logo) between each side of the applicable logo and other graphic or textual elements.

BandDjinni logos may not be used to disparage DjinnFizz, its products or services, or in a manner which, in DjinnFizz’s reasonable judgment, may diminish or otherwise damage DjinnFizz’s good will in BandDjinni logos. By using any such BandDjinni logo, you acknowledge that DjinnFizz has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of DjinnFizz. If you use BandDjinni logos, you must include appropriate attribution, for example: “BandDjinni® is a registered trademark of DjinnFizz, Inc.” DjinnFizz reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. DjinnFizz reserves the right to take action against any use that does not conform to these provisions.

Indemnification.

You agree to indemnify, hold harmless and defend DjinnFizz, at your expense, against any and all third party claims, demands, actions, damages (actual or consequential), proceedings, and suits of any kind or nature whatsoever brought against DjinnFizz or any of its subsidiaries, officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by DjinnFizz or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this General Terms Agreement, (ii) your use of the BandDjinni Services, (iii) your uploading of any Submitted Content, or (iv) your unauthorized use of the BandDjinni Technology. In such a case, DjinnFizz will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. DjinnFizz reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Waiver and Release

YOU AGREE THAT NEITHER DJINNFIZZ, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF OUR WEBSITE, THE BANDDJINNI SERVICES, OR ANY BANDDJINNI TECHNOLOGY. YOU SPECIFICALLY ACKNOWLEDGE THAT DJINNFIZZ SHALL NOT BE LIABLE FOR USER SUBMISSIONS AND CONTENT 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 HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST DJINNFIZZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF DJINNFIZZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF OUR WEBSITE, THE BANDDJINNI SERVICES, OR THE BANDDJINNI TECHNOLOGY.

Disclaimers

Disclaimer of Warranties. DjinnFizz does not represent or warrant that (a) the BandDjinni Services will be error-free or accessible at all times, (b) defects will be corrected, (c) the BandDjinni Services or the server that makes it available, are free of viruses or other harmful component, or (d) the use or the results of the use of the BandDjinni Services or the materials made available as part of the BandDjinni Services will be correct, accurate, timely, or otherwise reliable. DjinnFizz does not guarantee, and shall have no liability for, any BandDjinni Services down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond DjinnFizz control such as, but not limited to, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, pandemic, epidemic or interruptions in Internet services to an area where BandDjinni servers or your servers are located or co-located.

YOU USE THE BandDjinni SERVICES, BandDjinni TECHNOLOGY AND OUR WEBSITE AT YOUR SOLE RISK. THE BandDjinni SERVICES, BandDjinni TECHNOLOGY AND OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE” BASIS. THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY DJINNFIZZ, OR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE BandDjinni SERVICES, BandDjinni TECHNOLOGY AND OUR WEBSITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. DJINNFIZZ DOES NOT WARRANT THAT THE BandDjinni SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE BandDjinni SERVICES WILL BE UNINTERRUPTED. ALL MATERIALS AND CONTENT DOWNLOADED AND/OR OBTAINED THROUGH THE USE OF THE BandDjinni SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE ANY DAMAGE, TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE BandDjinni SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

Disclaimer of Third Party Content

You understand that when using BandDjinni Services, you will be exposed to User Submissions and third party content from a variety of sources including links or references to other websites or services (“Third Parties”).

BandDjinni does not endorse any such Third Parties or the information, materials, products, or services contained on or accessible through their sites. BandDjinni is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such other third party content. your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BandDjinni Service are solely between you and such advertiser. Access and use of Third Party destinations, including the information, materials, products, and services on or available through their websites is solely at your own risk.

Statements made via User Submissions, if any, reflect only the views of their authors. BandDjinni Users or others appearing on Broadcaster Performances are not authorized BandDjinni or DjinnFizz spokespersons, and their views do not necessarily reflect those of BandDjinni or DjinnFizz, and DjinnFizz does not endorse any opinion, recommendation, or advice expressed therein.

You further understand and acknowledge that you may be exposed to third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DjinnFizz with respect thereto.

Limitation of Liabilities

YOU AGREE THAT NEITHER DJINNFIZZ NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, GENERAL, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOST BUSINESS INFORMATION, BUSINESS INTERRUPTION, CORRUPTION OF FILES OR ANY OTHER PECUNIARY LOSS), WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF DJINNFIZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU. DJINNFIZZ’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS GENERAL TERMS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO DJINNFIZZ FOR THE BANDDJINNI SERVICES.

Copyright or Intellectual Property Infringement Notification

DjinnFizz respects the intellectual property rights of others. You can notify BandDjinni of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”), and BandDjinni will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws.

If you are a copyright owner or an authorized agent thereof (the “Copyright Owner”) and believe that any content on the BandDjinni Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the DMCA. This notification of claimed infringement must be a written communication provided to the designated agent of DjinnFizz that includes the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

(c) 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 DjinnFizz to locate the material.

Claims can be sent to [email protected] or to DjinnFizz, Inc., 2465 Day Sailor Court, Richmond, CA 94804.

Idea Submission

DjinnFizz is always improving BandDjinni Services and developing new features. If you have ideas regarding improvements or additions to BandDjinni, you may send them to [email protected] or submit your ideas via BandDjinni.

UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO DJINNFIZZ BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO DJINNFIZZ, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO DJINNFIZZ THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT DJINNFIZZ IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY DJINNFIZZ, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

Export Controls.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this General Terms Agreement. Any BandDjinni Technology and related software is controlled by U.S. Export Regulations, and may be not be exported to or used by embargoed countries or individuals. By downloading or using BandDjinni Technology and related software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.

Miscellaneous

Governing Law. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms of Service or BandDjinni Services will be filed only in the state or federal courts in and for San Francisco County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

Severability. If any provision of the Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Any cause of action or claim you may have with respect to BandDjinni or DjinnFizz must be commenced within one (1) year after the claim or cause of action arises.

Relationship. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service or Privacy Policy and you do not have any authority of any kind to bind DjinnFizz in any respect whatsoever.

Assignment. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this agreement. DjinnFizz may assign its rights and duties under this General Terms Agreement to any party at any time without notice to you.

Last modified: August 29, 2020

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Privacy Policy

Who we are

Our website address is: https://my.banddjinni.com.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service. Anonymized visitor data may be tracked by analytics tools for the purpose of assessing site usage and does not contain any personally identifiable information.

How we can be contacted

BandDjinni can be reached by email at [email protected]

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