We are in no way affiliated with VIRB.com or VIRB.com employees. BandVIRB.com is a division of Sugardevil Artist Promotions http://www.sugardevil.com.

1. Acceptance of Terms
By accepting BandVIRB (BV) Terms of Service (TOS) electronically or in writing, and/or by using BV Services, including but not limited to submission of content to our design department, payment or authorization of payment or sale, you (Client) agree to be bound by the following terms and conditions. You also agree that your electronic acceptance of these TOS shall have the same force and effect as if you had agreed to these TOS in writing.

BV provides its service to you subject to the following TOS, which may be updated from time to time without notice to you. You may review the most current version of the TOS at http://www.BandVIRB.com/terms.html. By using BV’ Service you also agree to the most current version of the TOS. Failure to comply with the TOS may result in termination of design. By agreeing to these terms, you are allowing BandVIRB to place their copyright logo or banner on your copleted Myspace page.

2. Description of Service
BV designs and creates custom Myspace pages and provides other WeBVite-related services (Service) including, but not limited to: support and modification of WeBVites, e-commerce, flash, Web traffic reporting, database development, easy interface for updating the WeBVite, e-mail accounts and additional WeBVite related services. You understand that the Service may include certain communications from BV such as advertisements, notices, service announcements and newsletters. You are responsible for obtaining access to BV’ Service that may involve 3rd party fees (including but not limited to ISP, merchant account and gateway). You are also responsible for all equipment and software necessary to access BV’ Service.

3. Electronic Delivery Policy
BV is a WeBVite-related business and transacts with is Clients electronically. When you accept this TOS you consent to receive electronically from BV any notices, agreements, disclosures, or other communications (Notices). You agree that BV can send you electronic Notices in either of the following ways. 1) To the e-mail address you provided to BV at the time of sale or 2) to the new e-mail address account you set up through BV. You agree to check your designated e-mail addresses regularly for Notices. Notice from BV is effective when sent by BV, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery.

4. Privacy Policy
Personal data and certain other information about you are subject to our Privacy Policy. By using BV’ Service you also agree to the most current version of our Privacy Policy.

5. Unacceptable Practices
As we strive to offer the very best service, there are certain guidelines and policies that must govern our efforts and relationships with our clients. Practices that are in violation of these guidelines and policies are strictly forbidden and will result in the immediate termination of our service. Such decisions are at the sole discretion of BandVIRB. Unacceptable practices include, but are not limited to:

Adult or pornographic material
Bulk e-mailing tools
Distribution of Internet viruses or other harmful or destructive activity
Gambling, gaming, lotteries, and like activities
Harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, oBVcene, libelous, invasive of another’s privacy, hateful, racially, chauvinistically, ethnically or otherwise objectionable Content or language.
Content or language that is harmful to minors in any way.
Illegal activities, such as ponzi schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or Content that infringes on third parties’ intellectual properties
Intentional or unintentional violations of any applicable local, state, national or international law.
Reselling e-mail accounts or hosting accounts to third parties
Spamming and all other forms of unsolicited messages including, but not limited to: spam, pyramid schemes, chain letters, and junk e-mail
Links to other sites that are in violation of BandVIRB’ policies and guidelines
Other activities, whether lawful or unlawful, that BV deems to be in poor taste or that reflect adversely on BV or our other clients
As an BV Client, you agree to conduct your business in a legal and professional manner. You understand that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on your WeBVite is the sole responsibility of the Client. You are fully responsible for all WeBVite Content and agree to hold BV harmless in the event of third parties’ legal issues brought against you for your business practices. BV retains the right to terminate any accounts that are in violation with the letter or spirit of these TOS.

As a BV Client you will have access to editing tools for your WeBVite. You may edit, add or delete Content to your WeBVite at anytime. With this understanding BV may or may not pre-screen Content. BV shall have the right (but not the obligation) to pre-screen and refuse or remove any Content at its sole discretion. You agree that you bear all risks associated with the use of all Content, whether edited or written by BV or not, including any reliance upon accuracy, usefulness or completeness.

You acknowledge that BV may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of BV and the public.

6. Intellectual Property Policy
BV respects copyright laws and the intellectual property of others. BV may terminate accounts for copyright infringement. If you believe your work has been copied and is accessible on an BV WeBVite please contact us immediately.

7. International Use
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 laws regarding the transmission of technical data exported from the country in which you reside.

8. Interstate Communications
Client acknowledges that by using BV’ services you will be causing communications to be sent through BV’ computer networks which may be located throughout Canada and the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of BV’ Service results in interstate data transmissions.

9. WeBVite Construction Procedure:
With the help and input from the Client, BV will prepare the appropriate custom design and text for the BandSpace. Client must submit complete Content to the design department before site construction begins on the custom WeBVite. Client may submit Content directly to designer through e-mail, or regular mail. After Content is submitted by the Client the site will move to the layout and design department. Once the layout and design are approved by the Client the site will move to the text and html department. BV will add the text and Content to the WeBVite. After the Client approves the text and Content added to the WeBVite, the WeBVite will go live. BV will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the WeBVite. Client will be notified by e-mail that the WeBVite is now live. Client understands that the WeBVite may be taken live “as-is” or “under construction” if we do not receive Client’s response to missing information requests or requests to approve completed WeBVite within two weeks.

BV does not guarantee a time frame for completion of the custom WeBVite as Content may continue to be submitted by Client throughout the design process. BV cannot start and complete the design of the custom WeBVite until complete Content is submitted. If Client continues submitting additional Content, this increases the design time frame. If Client does not submit complete Content and BV is not able to start or complete the custom WeBVite design, Client is still responsible for all fees incurred including, but not limited to, set-up, enhancement and monthly hosting charges that begin accruing from date of sale.

10. WeBVite Change Requests During Design Process:
BV agrees to build a BandSpace to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale prior to the custom WeBVite going live will be billed at BV’ standard hourly rate. BV is not obligated to complete Client requests or changes outside of the scope of work or the original invoice quote. If BV does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.

There will be NO REFUNDS of any kind for pages that have already begun the designing process. All hours of designing work put into each BandSpace has to be accounted for. Unlike a product, we are a service that's time and effort cannot be refunded. If Client has received an initial or completed BandVIRB design, BandVIRB is in no way obligated to refund complete payment. By accepting these Terms of Service, you are agreeing that no chargebacks will be placed or refunds be demanded. Failure to meet these terms could result in legal action.

11. Billing Policy:
The initial fee is due and billed in full at the time of the original sale. Failure to pay will result in ceasing completion of the BandSpace.

Client requests for enhancements to the original site will be due and billed separately and at the time of request, unless an updating package was purchased.

BV reserves the right to change prices at any time including hourly design fees.

BV charges a $25.00 fee for returned cheques.

BV does not offer refunds on any projects that have begun the designing process. Refunds will only be given proir to any initial creation, and you agree that BV may keep a small deposit to cover any fees incurred such as Paypal transaction fees as well as an administration fee. This administration fee covers any research time and/or hourly rate the project manager has contributed to your project.

BV reserves the right to collect late fees from non-paying clients at our discretion. Failure to complete payment for projects that have reached the final stage of completion will result in ceasing or removal of all BV work until full payment is made. If client decides to hault or stop the project at hand, remaining payments will be due immediately. If BV receives no response over a prolonged period of time regarding the project, all remaining payments will be due immediately. Client agrees to pay in a timely manner and recognizes BV's no-tollerance payment schedule. Failure to meet these requirements may result in filing a report with a collections agency and legal action.

12. Termination:
BV, at its sole discretion, may terminate its service and remove and discard any Content, for any reason, including and without limitation, if BV believes you have violated the TOS. BV may also at it sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of this TOS may be effected without prior notice and that BV may deactivate or delete Client’s account and all related information files. You agree that BV shall not be liable to Client or any third-party for any termination of Services. Paid accounts that are terminated will not be refunded.

BV also reserves the right to discontinue the designing of Client’s WeBVite at any time, at BV’ sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by BV

13. BV Proprietary Rights
Client acknowledges and agrees that BV’ Service may contain proprietary and confidential information that is protected by intellectual and proprietary rights laws. Client agrees to not to reproduce, duplicate, copy, sell, resell or exploit any portion of, use or access to BV’ Service.

14. Use of Client Information
Client hereby agrees that any information or ideas submitted to BV by any means may be used by BV without compensation or liability to you for any purpose whatsoever, including but not limited to developing WeBVites, databases, ecommerce and developing, manufacturing and marketing other products. This provision does not apply to Client Content or to personal information that is subject to our privacy policy.

Client herby gives permission to BV to use samples or links to Client’s custom WeBVite designed by BV for marketing and advertising purposes, including but not limited to use in our online client portfolio.

15. Third Party Services
From time to time third parties may offer service to BV Clients. Use of such third party services will be at your own risk and subject to the terms and conditions of those third parties. BV does not represent and warrant that use or access to any third party services will be compatible, uninterrupted, error free, without defects or that you will be able to access BV’ Service. You also agree that BV is under no obligation to provide you with any enhancements, updates, or fixes to make BV’ Service accessible through any third party applications.

16. Disclaimer of Warranties
YOUR USE OF BV’ SERVICE IS AT YOUR OWN RISK. BV’ SERVICE IS PROVIDED “AS IS”. BV DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BV DISCLAIMS ANY WARRANTIES REGARDING THE SERVICE INCLUDING THAT IT WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. BV DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BV’ SERVICE, INCLUDING RESULTING SALES AND WEB TRAFFIC. BV DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENTS’ PRODUCTS, SERVICES, SALES, OR WEBVITE. BV DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH BV’ SERVICE, OR LINKS PROVIDED BY BV’ SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY BV OR OBTAINED THROUGH LINKS PROVIDED THROUGH BV’ SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BV’ SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FORM THE DOWNLOAD OF SUCH MATERIAL.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT BV, IT’S SUBVIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (EVEN IF BV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR INABILITY TO USE BV’ SERVICE, RELIANCE ON BV SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF BV’ SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.) THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBVTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH BV’ SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO BV’ SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO BV’ SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstance shall BV be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualty, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. BV’ full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to BV.

BV WILL NOT BE HELD RESPONSIBLE FOR CHANGES TO THE MYSPACE.COM DATABASE AND/OR PROFILE CODES. YOU UNDERSTAND THAT ANY DOWNTIME OR SUDDEN CHANGE TO THE WAY YOUR PROFILE IS DISPLAYED IS NOT A FAULT OF BandVIRB, BUT A RESULT OF MYSPACE.COM UPGRADES. BV WILL NOT BE HELD RESPONSIBLE FOR THESE CHANGES NOR BE LIABLE TO REPAIR THE AFORMENTIONED CHANGES. YOU AGREE THAT ANY EDITS OR CHANGES INITIATED AFTER YOUR COMPLETED PROFILE HAS BEEN PUBLISHED TO MYSPACE.COM MAY RESULT IN ADDITIONAL PAYMENT AND ADMINISTRATIVE FEES. YOU ARE AWARE THAT NO REFUNDS WILL BE GIVEN WHATSOEVER IF THESE CHANGES OCCUR.

18. Indemnification
You agree to defend, indemnify and hold harmless BV, it’s directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees that may arise or result from any Content you submit, post, transmit or make available through BV’ Service, from any product sold by Client, its agents or employees or assigns, from any Service provided or performed or agreed to be performed by BV or from your violation of the TOS or your violation of any rights of another.

19. Severability
In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms.

20. Jurisdiction
The TOS agreement shall be governed by the laws of the Province of Ontario. All legal proceedings are to be submitted exclusively to the jurisdiction of the courts in the Province of Ontario. Client agrees to binding arbitration if requested by BV.

21. Governance
BV may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.

22. General Information
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of BV. All representations not in writing are null and void. Written agreements may include, but are not limited to e-mails and electronic acceptance of this Terms of Service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.