By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, and merchants, contributors of content, information and other materials or services on the Site.
Effective July 23, 2015: the Agreement is between you and LocateBands.com operated by BigCat Interactive, Inc.
LocateBands acts as a venue to allow users, who comply with LocateBands’s policies to offer, sell and buy certain goods within a fixed-price format. LocateBands is not directly involved in the transaction between buyers and sellers. As a result, LocateBands has no control over the quality, safety, morality or legality of any aspect of the items listed, nor the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. LocateBands does not pre-screen users or the content or information provided by users. LocateBands cannot ensure that a buyer or seller will actually complete a transaction.
Therefore, LocateBands does not transfer legal ownership of items from the seller to the buyer.
LocateBands cannot guarantee the true identity, age, and nationality of a user. LocateBands encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a neutral third-party service or services that provide additional user verification.
You agree that LocateBands is a venue and as such is not responsible or liable for any content, for example; data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you (including and not limited to other users, or outside parties) on LocateBands. You use the LocateBands service at your own risk.
Age: LocateBands’s services are only available to and may only be used by, individuals who are 18 years and older, who are also able to form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. LocateBands may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use LocateBands’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by LocateBands’s policies as stated in the Agreement and the LocateBands policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by LocateBands, each of which is incorporated herein by reference and each of which may be updated by LocateBands from time to time without notice to you:
In addition, some services offered by LocateBands may be subject to additional terms and conditions promulgated by LocateBands from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify LocateBands of any unauthorized use of your password or any breach of security. You also agree that LocateBands cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than LocateBands without LocateBands’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on LocateBands you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your LocateBands account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: LocateBands’s services are not available to temporarily or indefinitely suspended LocateBands members. LocateBands reserves the right, in LocateBands’s sole discretion, to cancel unconfirmed or inactive accounts. LocateBands reserves the right to refuse service to anyone, for any reason, at any time.
Joining and setting up a shop on LocateBands is free (excluding additional sales channels on LocateBands that may have separate fees). LocateBands charges a percentage of the sale price when the item sells. LocateBands’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for LocateBands’s services are effective after LocateBands provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, LocateBands may choose to temporarily change the Fees Policy and the fees for LocateBands’s services for promotional events (for example, discounted monthly vendor subscriptions); such changes are effective when LocateBands posts the temporary promotional event on the Site. LocateBands may, at LocateBands’s sole discretion, change some or all of LocateBands’s services at any time. In the event LocateBands introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, LocateBands may issue a credit for the applicable fees to a seller’s billing statement.
You are responsible for paying all fees and applicable taxes associated with using LocateBands.
Fees and Termination: If LocateBands terminates a listing or your account, if you close your account, or if the payment of your LocateBands fees cannot be completed for any reason, you remain obligated to pay LocateBands for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, email email@example.com.
Listing Description: All listings on LocateBands must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with LocateBands’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your LocateBands shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
User Shop Policies: All sellers are urged to outline shop policies for their LocateBands shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with LocateBands’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. LocateBands reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing of the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding LocateBands transaction fees, misrepresent the item’s location, or use another user’s account without permission.
You are solely responsible for your conduct and activities on and regarding to LocateBands and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on LocateBands.
Restricted Activities: Your Content and your use of LocateBands shall not:
Re-Posting Content: By posting Content on LocateBands, it is possible for an outside website or a third party to re-post that Content. You agree to hold LocateBands harmless for any dispute concerning this use. If you choose to display your own LocateBands-hosted image on another website, the image must provide a link back to its listing page on LocateBands.
Idea Submissions: LocateBands considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and LocateBands shall not be liable for the disclosure or use of such Material. If, at LocateBands’s request, any member sends Material to improve the site (for example through customer support), LocateBands will also consider that Material to be non-confidential and non-proprietary and LocateBands will not be liable for use or disclosure of the Material. Any communication by you to LocateBands is subject to this Agreement. You hereby grant and agree to grant LocateBands, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
LocateBands does not control the Content provided by users that is made available on LocateBands. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using LocateBands, you agree to accept such risks and that LocateBands (and LocateBands’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on LocateBands. Please use caution, common sense, and practice safe buying and selling when using LocateBands.
Other Resources: LocateBands is not responsible for the availability of outside websites or resources linked to or referenced on the Site. LocateBands does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that LocateBands shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may use the Services to arrange, host and attend online or in-person meetings or events (“Meetings”) with one or more individuals. Users must comply with LocateBands’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person.
LocateBands is not responsible for and does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand and agree that LocateBands does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on LocateBands may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. LOCATEBANDS IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO LOCATEBANDS; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY LOCATEBANDS, AND LOCATEBANDS HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT LOCATEBANDS IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, LOCATEBANDS USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
Disputes with LocateBands: In the event a dispute arises between you and LocateBands please email us at firstname.lastname@example.org. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Orange County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Orange County of California. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and LocateBands agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, LocateBands encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on LocateBands, they may choose to participate in LocateBands’s case system in order to resolve the dispute. Cases are escalated for review and resolution by LocateBands. LocateBands provides its dispute resolution process for the benefit of users. LocateBands does so in LocateBands’s sole discretion, and LocateBands has no obligation to resolve disputes between users or between users and outside parties. To the extent that LocateBands attempts to resolve a dispute, LocateBands will do so in good faith based solely on LocateBands’s policies. LocateBands will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release BigCat Interactive, inc. (and LocateBands’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
LOCATEBANDS, and other LocateBands graphics, logos, designs, page headers, button icons, scripts, and service names in the U.S. and/or other countries may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
LocateBands may contain robot exclusion headers which contain internal rules for software usage. Much of the information on LocateBands is updated on a real-time basis and is proprietary or is licensed to LocateBands by LocateBands’ users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access LocateBands for any purpose whatsoever, or otherwise without LocateBands’ prior express written permission. Additionally, you agree that you will not:
Without limiting any other remedies, LocateBands may, without notice, and without refunding any fees, delay or immediately remove Content, warn LocateBands’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
LocateBands reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on LocateBands.
BIGCAT INTERACTIVE, INC., LOCATEBANDS, LOCATEBANDS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND LOCATEBANDS’ SUPPLIERS PROVIDE LOCATEBANDS’ WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BIGCAT INTERACTIVE, INC., LOCATEBANDS, LOCATEBANDS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND LOCATEBANDS’ SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM LOCATEBANDS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL BIGCAT INTERACTIVE, INC., LOCATEBANDS, AND (AS APPLICABLE) LOCATEBANDS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR LOCATEBANDS’ SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, LOCATEBANDS’ SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
BIGCAT INTERACTIVE, INC., LOCATEBANDS’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LOCATEBANDS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO LOCATEBANDS WHICH IS OWNED AND OPERATED BY BIGCAT INTERACTIVE, INC. IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD BIGCAT INTERACTIVE, INC., LOCATEBANDS AND (AS APPLICABLE) LOCATEBANDS’ PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
LocateBands does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside LocateBands’s control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any LocateBands service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on LocateBands’ net income which is owned and operated by BigCat Interactive, inc.).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and LocateBands which is owned and operated by BigCat Interactive, inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (LocateBands’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by email to email@example.com (in the case of LocateBands) or, in your case, to the email address you provide to LocateBands (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, LocateBands may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to LocateBands. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in LocateBands’s Copyright and Intellectual Property Policy.
The services hereunder are offered by LocateBands.com which is owned and operated by BigCat Interactive, inc.
Effective Date: July 23, 2015
Updated: July 23, 2015