Welcome to iBandstand.com ("iBandstand" or "Service"). Your use of iBandstand will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms.

If you do not agree to these terms, please refrain from using the Service as violation of these terms can lead to legal liability.

1. Participation and Conduct During the term of this Agreement, iBandstand grants to you a terminable at will non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to files hosted on our servers, such as free downloads and music. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.

You may participate in any forums or messaging threads offered through iBandstand, but you agree not to post any material that (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party; or (iii) advocates the violation of any law. You will be solely responsible for all content that you post on the Service.

By uploading music, movies, or other multimedia files to the Service, you grant iBandstand a non-exclusive license to distribute those files to users of iBandstand, including through our internet radio station and podcasts. Any text submitted to the Service, excluding lyrics and blog entries, becomes property of iBandstand. You grant iBandstand a non-exclusive license to publish blog entries and lyrics throughout the iBandstand service, including in our email newsletter, as we see fit.

The use of iBandstand to artificially inflate or deflate statistics and ratings is strictly forbidden. The posting of comments or ratings with the specific purpose of retaliation is not permitted. Artificially raising the play count or rating of a song is also strictly forbidden.

You may not use iBandstand messaging services for the promotion of products, offers, services, music, or for any other form of solicitation. The use of iBandstand messaging services for sending unsolicited or bulk mailings is also not permitted and will result in account termination.

You agree to indemnify iBandstand and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any that arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.

iBandstand reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. iBandstand also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, iBandstand is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.

2. Copyright and Trademarks The Service is the personal property of iBandstand. iBandstand retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by iBandstand, its licensors, or the the user posting such Content. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. You may not rent or lease iBandstand Services, nor may you modify, adapt, translate, reverse engineer, decompile, or disassemble the Service. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.

iBandstand, iBandstand.com and their respective logos are trademarks of KeaWare Ltd. Mac, iPhone, iPod, Music, and the Apple logo are registered trademarks of Apple Computer, Inc. GarageBand is a registered trademark of GarageBand.com. iBandstand.com is an independent resource and is in no way affiliated with Apple Computer, Inc. All other trademarks on the Service are the property of their respective holders.

3. Permissions All requests for licensing, reprints, linking and other usage of material owned by iBandstand.com should be made through our Contact Us form. We will review your request and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request. Note that iBandstand CANNOT license any of the music we host. Contact the artist directly through the iBandstand Message Center to seek their permission.

4. Exclusions of Warranty and Liability The Service and any executable programs and other materials provided through the Service are provided "as is" and without warranty of any kind, and all express or implied warranties are hereby excluded, including, without limitation, the warranties of merchantability and fitness for a particular purpose. iBandstand does not warrant that the Service or any materials obtained through the Service are virus-free. If you download executable programs from the Service, the entire risk as to the results and performance of such programs is assumed by you. iBandstand is not responsible for the accuracy of or errors or omissions in any such programs and does not warrant that the operation of any such programs will be uninterrupted or error-free, or that any defects in any such programs will be corrected. iBandstand does not warrant that the content of its Content will be error free.

iBandstand will not be liable for any direct, indirect, special, incidental, or consequential damages (including, without limitation, damages resulting from lost profits or revenue; loss of use of or reliance on the Service, information provided or of any executable programs; loss of use of data or equipment; or other similar damages) arising out of the use or inability to use the Service or any executable program obtained through the Service, even if iBandstand has been advised of the likelihood of such damages. In no event shall iBandstand's total liability to you for all damages, losses and causes of action (whether in contract, tort, or otherwise) relating to the Service exceed $100 NZD.

Some states do not allow exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

5. Notices iBandstand may give notice to you through general posting on the Service, through postal notification, or through email notification, in its sole discretion.

iBandstand reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof. Subscribers are not permitted to bypass this block.

6. General Any failure by iBandstand to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

7. Indemnity In the event you breach the terms of this license, or if, any claims are made against iBandstand (its employees, officers or directors resulting from your actions) you shall be liable to iBandstand for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.

This Agreement shall be governed by and construed in accordance with the laws of New Zealand, as applied to contracts entered into and performed within New Zealand. You agree to grant jurisdiction over yourself to the courts of New Zealand and designate it as the forum for resolution of all disputes arising under this Agreement.

This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby. These terms may be amended at any time without notice.

Last updated: 24 September 2023