SMP DBA A BAND FOR BROTHERS TERMS AND CONDITIONS OF USE

By using this website, you agree to be bound by these Terms and Conditions ("Terms") and the Privacy Policy.  If you do not agree, you are not authorized to use this website ("Site"), and you should exit the Site immediately.  SMP, LLC DBA A Band for Brothers ("ABFB") makes this website available to your expressly conditioned upon your acceptance of these terms without modification.

1. Description of Site; Minimum Age Requirement. The purpose of this website is to allow you to learn about, contact, and purchase products from ABFB. 

This Site is intended for use by persons who are at least 13 years old. By using the Site, you represent and warrant that you are at least 13 years old, and you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you. If you choose to set up an Account, your Account may be used only by you.

2. Modification of Terms. You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. We will provide notice to you of any material changes in the Terms by posting notice to the Site and sending an email to the email address that we have on record for you. Your continued use of the Site after our notice to you of a change in the Terms means that you have agreed to the amended Terms.

3. Modifications to the Website. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your Content from the website at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect ABFB’s license to your Content as stated herein.

4. Your Content. You are responsible for all of the text, images, information and any other content (collectively "Content") you upload, share or copy using the Site. By uploading, sharing, or printing Content, you represent and warrant to ABFB that you have the legal right to do so, that you own the copyright Content or have the right to license ABFB to use, copy, print, distribute and display that Content, that the Content does not contain anything that violates any applicable law or regulation, that the Content is not defamatory and does not invade the privacy or other rights of any third party, that you agree to waive all moral rights in the Content and to assign to ABFB the benefit of any waiver of moral rights you hold in Content, and that any identifiable person in embodied in the Content has consented to the use and disclosure of the Content.

5. License to Your Content. ABFB does not claim ownership rights in any Content that you upload, share or copy using the Site. In order to provide this Site and any products to you, you grant to ABFB a non-exclusive, royalty-free, perpetual, worldwide license to use, copy, print, distribute, transmit, reproduce, edit, modify, reformat and the Content and to sublicense this right, to the maximum extent permitted by applicable law. This license shall survive and continue, even if you are no longer a user of the Site.

6. Content Storage Policy. ABFB may delete any Content at any time without notice. ABFB may change this storage policy at any time.

7. No Monitoring of Content. ABFB does not control the Content of your account or project and does not have any obligation to monitor, edit or screen such content for any purpose. Although we prohibit certain activities in these Terms, ABFB takes no responsibility or liability for any Content you may encounter through the use of the Site. Notwithstanding the foregoing, ABFB reserves the right, and has the absolute discretion, to remove, screen or edit any Content, including without limitation digital images, for any reason, at any time, without notice, in its sole discretion.

8. License to Publicity Rights. In exchange and in consideration for use of this Site, you hereby grant ABFB a non-exclusive, fully-paid-up, worldwide, license to use and reproduce your name, voice, picture, actions, likeness, identity, statements, and information about you, (collectively "Image") as captured by any and all Content that you upload, share or copy using the Site (collectively "Recording") in all media now existing or invented during the term of this Agreement (collectively "Media"). ABFB shall be entitled to full ownership of any and all intellectual property rights associated with any works of authorship or inventions that utilize your Image. The license granted under this paragraph shall remain valid for the duration of the reasonable commercial life of any Media created by ABFB that utilizes your Content.

9. Prohibited Conduct. You agree not to do, or attempt to do, any of the following, subject to applicable law:

a. access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;

b. access, tamper with, or use services or areas of the Site that you are not authorized to access;

c. alter information on or obtained from the Site;

d. use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";

e. frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose;

f. impersonate or misrepresent your affiliation with any person or entity;

g. reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);

h. send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or

i. take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.

10. Protection of Site Content. Our Site is protected by intellectual property laws and you agree to respect them. ABFB grants you a limited, revocable, non-transferable, non-sub licensable, non-exclusive license, under the rights ABFB has in the content on the Site, to privately display and perform the Site on your computer for your own personal, noncommercial purposes. ABFB reserves all other rights in the content on the Site, on its own behalf and the behalf of its licensors, and ABFB does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content on the Site without prior written consent from ABFB.

11. Privacy Policy. Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms.

12. Termination of Use. You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site.

13. Indemnification. As a condition of your access to and use of the Site, you agree to hold ABFB and its officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of these Terms and the Privacy Policy, and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site; (iv) ABFB’s resolution (if any) of any dispute you have or claim to have with one or more users of the Site; and (v) any disclosures made with your permission (including, without limitation, your consent that ABFB disclose your personal information and other information collected as set forth in our Privacy Policy).

14. Disclaimer of Warranties.   Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer; ABFB does not warrant the successful operation of the Site on your computer, and we are not liable for any such problems that result from your use of the Site.

15. Links. Any links on the Site to third-party websites are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ABFB of the third party, the third-party website, or the information contained therein. ABFB is not responsible or liable for any third-party website or the availability or content of such websites. All links are provided on an "AS-IS" basis and without any warranty expressed or implied.  Your election to click on any such link is done solely at your own risk. 

16. Notices to ABFB. You agree to send us any notice by mailing it to our address for Legal Notices which is: {PO Box 400 Attleboro, MA 02703}.

17. Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site by certain persons or in certain countries may not be legal.

18. No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.

19. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

20. No Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of ABFB. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of ABFB will be null and void. ABFB shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.

21. Jurisdiction; Choice of Law; Export Limitations. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of Massachusetts, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and ABFB agree to submit to the personal and exclusive jurisdiction of the courts located within Bristol County, State of Massachusetts. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in the State of Massachusetts.

22. Limitations on Actions. Any action concerning any dispute you may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

23. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.

24. Entire Agreement. These Terms and the Privacy Policy comprise the entire agreement (the "Entire Agreement") between you and ABFB with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

25. No Waiver. The failure of ABFB to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or ABFB's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.