We run a service called FourFour at www.fourfour.com (the "Site") and, if you're a band or musician, we would love for you to use it. Our basic service is free, and we offer paid upgrades for premium services such as domain mapping, advanced media features and sending email. Our service is designed to give you as much control and ownership over what goes on your band website as possible. However, be responsible in what you do with your band website. In particular, make sure that none of the prohibited items listed below appear on your band website or get linked to from your band website (things like spam, viruses, or hate content).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, You agree to become bound by the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, then You may not access the Service or use any services. If these terms and conditions are considered an offer by Pencl Labs, acceptance is expressly limited to these terms.
If You create a band website on the Service, You are responsible for maintaining the security of your account and band website, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with your band website. You must not describe or assign keywords to your band website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pencl Labs may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Pencl Labs liability. You must immediately notify Pencl Labs of any unauthorized uses of your band website, your account or any other breaches of security. Pencl Labs will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If You operate a band website, comment on a band website, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, photos, an audio file, or computer software. By making Content available, You represent and warrant that:
The Service provides users with the ability to add, create, upload, submit, distribute or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions"). By Submitting User Submissions on the Site or otherwise through the Service, You:
Pencl Labs does not endorse and has no control over any User Submission. Pencl Labs cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by You using the Service is at your own risk and You will be solely responsible for any damage or loss to any party resulting therefrom.
Without limiting any of those representations or warranties, Pencl Labs has the right (though not the obligation) to, in Pencl Labs' sole discretion (i) refuse or remove any Content that, in Pencl Labs' reasonable opinion, violates any Pencl Labs policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Pencl Labs' sole discretion. Pencl Labs will have no obligation to provide a refund of any amounts previously paid.
Optional premium paid services such as domain mapping, advanced media features and sending email are available on the Service. By selecting a premium service You agree to pay Pencl Labs the monthly or annual subscription fees indicated for that service. Payments will be charged on the day You sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable. Prices of all premium services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the FourFour Site (www.fourfour.com) or the Service itself. Pencl Labs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Pencl Labs has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, Pencl Labs does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pencl Labs disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
As a condition to using certain features of the Service, you may be required to provide certain personal information to relevant artists, including but not limited to your email address, country of residence and zip/postal code ("Fan Information"), in order to join the relevant artist's mailing list, to register on the relevant artist's website, and/or to join the relevant artist's online community or "fan club". As a condition to each such artist's right to receive such Fan Information, Pencl Labs requires each artist to agree to the terms set forth in its Artist Agreement. However, you acknowledge that Pencl Labs has no control over the use of the Fan Information by the artists, and you further acknowledge and agree that Pencl Labs 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 artist's use of such Fan Information.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FourFour.com links, and that link to FourFour.com. Pencl Labs does not have any control over those non-FourFour websites and webpages, and is not responsible for their contents or their use. By linking to a non-FourFour website or webpage, Pencl Labs does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pencl Labs disclaims any responsibility for any harm resulting from your use of non-FourFour websites and webpages.
As Pencl Labs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by FourFour.com violates your copyright, You are encouraged to notify Pencl Labs in accordance with Pencl Labs' Digital Millennium Copyright Act ("DMCA") Policy. Pencl Labs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Pencl Labs or others, Pencl Labs may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Pencl Labs will have no obligation to provide a refund of any amounts previously paid to Pencl Labs.
This Agreement does not transfer from Pencl Labs to You any Pencl Labs or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pencl Labs. Pencl Labs, FourFour, FourFour.com, the FourFour.com logo, and all other trademarks, service marks, graphics and logos used in connection with FourFour, or the Service, are trademarks or registered trademarks of Pencl Labs or Pencl Labs' licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants You no right or license to reproduce or otherwise use any Pencl Labs or third-party trademarks.
Pencl Labs reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Pencl Labs may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Pencl Labs may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or your FourFour.com account (if You have one), You may simply discontinue using the Service. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Service is provided "as is". Pencl Labs and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pencl Labs nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
In no event will Pencl Labs, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by You to Pencl Labs under this agreement during the twelve (12) month period prior to the cause of action. Pencl Labs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Pencl Labs, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Pencl Labs and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pencl Labs, or by the posting by Pencl Labs of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pencl Labs may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Questions about the Terms of Service should be sent to [support at fourfour dot com].
Pencl Labs, Inc., 775 E Blithedale Ave., # 377, Mill Valley, CA 94941
Effective Date: December 30, 2008