Terms of Use

The information contained on this website is provided by The What`s Up Band. By accessing this website or downloading any material contained in it, you agree to the terms and provisions set forth in this legal notice. If you do not agree to them, do not use this website or download its contents. 

Terms and Conditions
Trademark and copyright information
All the material on this website, including, but not limited to, text, data, graphics, audio clips, video clips, digital downloads, and software is owned, controlled by, or licensed to The What`s Up Band and is protected by copyright, trademark, and other intellectual property rights. This website’s material is made available solely for your personal, non-commercial use and may not be copied, reproduced, modified, uploaded, posted, transmitted or distributed in any way, including by E-mail or other electronic means, without the express prior written consent of The What`s Up Band. Material from this website may be downloaded by you only for personal and non-commercial use, on the condition that you keep intact all copyright and other proprietary notices that may appear on such materials.

Code of conduct
You agree, by using this website that: (1) you will not use this website to post any false material or material which is knowingly defamatory, hateful or vulgar, harassing or sexually oriented, threatening or invasive of personal privacy, or violates any law of the land; (2) you will not restrict or inhibit any other user from using and enjoying this website (3) you will not post any copyrighted material on this website unless you own it; (4) you will not post or transmit any information or software that contains disruptive or deleterious element; and (5) you will not in any way reproduce or circumvent the navigational structure or presentation of this website.

Although The What`s Up Band cannot and may not review all posted messages, The What`s Up Band reserves the right to remove any message. However, you remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless The What`s Up Band and The What`s Up Band’s agents with respect to any claim based upon the transmission of your message(s) and/or posting(s).

The What`s Up Band also reserves the right to reveal your identity, as well as information relating to you in the event of a complaint or legal action that arises from a message posted by you.

Warranty disclaimer
The What`s Up Band intends that the information contained on this website be accurate and reliable. However, since this information has been compiled from a number of sources, it is provided on as is basis. The What`s Up Band disclaims all warranties and/or conditions, express or implied, relating to or referenced by the website, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non infringement, or arising from a course of dealing, usage, trade or practice.

The What`s Up Band or The What`s Up Band’s affiliates and sponsors shall not be liable for any technical inaccuracies including typographical errors on this website, and will not, under any circumstances, be liable to any party for direct, special or other consequential damages for use of this website, or any other website mentioned on this website.

The What`s Up Band also makes no representations about any other website which you may access through this website. Moreover, the information contained on this website is subject to change without notice.

License to The What`s Up Band
By posting messages, uploading files or data, or engaging in any other form of communication through this website, you are granting The What`s Up Band a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, transmit, or publicly display such communication, sublicense to third parties the right to exercise any of the foregoing rights granted with respect to the communication.

Making purchases
If you want to purchase products or services listed on this website, you will be asked to supply certain information including credit card or other payment information. You agree that all information provided by you will be accurate, complete, and current. You also agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism. You will also be responsible for paying any applicable taxes relating to your purchases.

Indemnity
You hereby expressly agree to indemnify, defend and hold The What`s Up Band including agents, employees, directors, licensors and licensees (collectively called Indemnified Parties) harmless from and against any and all liability and costs, including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use, or any of the representations, warranties, disclaimers and covenants contained herein. However, The What`s Up Band reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without The What`s Up Band’s written consent.

Litigation issues
This Agreement is entered into in the State of Connecticut; it will be governed by, and construed in accordance with, the laws of the State of Connecticut, exclusive of its choice of law rules. All parties to this Agreement submit to the sole jurisdiction of the state and federal courts sitting in the State of Connecticut, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. All parties to the Agreement additionally agree that: (i) any claim to enforce this Agreement must be commenced within two (2) years of the cause of action; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, with the exception that the prevailing party will be entitled to attorneys' fees and costs; (iii) any claim must be brought individually.

Designated agent under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under this Act, a claim must be sent to the service provider's Designated Agent. If you believe in good faith that The What`s Up Band should be notified of a possible online copyright infringement involving any The What`s Up Band’s website, please notify The What`s Up Band at the following address:
32 K Weed Hill Avenue
Stamford, CT 06907
or by: 
E-mail: info@whatsupband.net

Please be informed that, for it to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA.

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The What`s Up Band. Phone: (203) 461 4428. Email: info@whatsupband.net

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