Effective Monday, December 03, 2007

BandPump.com ("BandPump" or "we") is a social networking service which allows its Members, consisting of Listeners and Musicians, to create unique personal profiles online in order to find and communicate with existing and new friends and/or fans. The services offered by BandPump include the BandPump.com website ("BandPump.com" or "BandPump Website") and any other features, content, or applications (collectively, "BandPump Services") offered from time to time by BandPump in connection with the BandPump Website. The BandPump Services are hosted in the United States of America.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the BandPump Services. By using the BandPump Services, you agree to be bound by this Agreement whether you are a "Guest", which means that you simply browse the BandPump Website, or whether you are a "Member", which means that you have registered on the BandPump Website. The term "Visitor" refers to anyone visiting the BandPump Website, including both Guest's and Members. You are only authorized to use the BandPump Services, regardless of whether your access or use is intended, if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save or print it for your records. If you do not agree with it or any portion therein, you should leave the BandPump Website and discontinue use of the BandPump Services immediately. If you wish to become a Member, communicate with other Members and make use of the BandPump Services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes: (i) BandPump's policy for acceptable use of the BandPump Services and content posted on the BandPump Website, (ii) Your rights, obligations and restrictions regarding your use of the BandPump Services, and (iii) BandPump's Privacy Policy.

In order to participate in certain BandPump Services, you may be notified that you are required to download and install software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the BandPump Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at privacy@bandpump.com with the subject line "Terms of Use Agreement".

BandPump.com may modify this Agreement from time to time and such modification shall be effective upon posting by BandPump on the BandPump Website. You agree to be bound to any changes to this Agreement when you use the BandPump Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure that you are updated as to any changes.

Please choose the information you post on the BandPump Website and that you provide to other Visitors very carefully. BandPump prohibits Members from displaying personally identifiable or inappropriate information on their profile page(s). Personally identifiable or inappropriate information may include (a) telephone numbers, (b) street addresses, (c) last names, and/or (d) photographs containing nudity, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other BandPump Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. While BandPump does make extensive efforts to combat and remove this type of material, we assume no responsibility or liability for this material. If you become aware of misuse of the BandPump Services by any Visitor, please contact BandPump immediately or click on the "Flag Member" link on any BandPump Member profile.

BandPump reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting, message, or comment, whether public or private, by you, or to restrict, suspend, or terminate access to all or any part of the BandPump Services at any time, for any or no reason, with or without prior notice, and without liability. BandPump expressly reserves the right to remove your profile and/or restrict, suspend, or terminate access to any part of BandPump Services if BandPump determines, in its sole discretion, that you pose a threat to BandPump and/or its Visitors.

01. Eligibility. Use of and Membership in the BandPump Services is void where prohibited. By using the BandPump Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the BandPump Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are violating or have violated any of these eligibility provisions.

02. Term. This Agreement shall remain in full force and effect while you use the BandPump Services or are a Visitor of BandPump. You may terminate your Membership at any time and for any reason by following the instructions on the Profile Settings page. BandPump may terminate your Membership at any time with or without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

03. Fees. You acknowledge that BandPump reserves the right to charge for the BandPump Services and to change its fees from time to time in its discretion. If BandPump terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

04. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BandPump immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

05. Non-commercial Use by Members. The BandPump Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BandPump. Illegal and/or unauthorized use of the BandPump Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the BandPump Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the BandPump Services.

06. Proprietary Rights in Content on BandPump.

06-01. BandPump does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the BandPump Website. After posting your Content to the BandPump Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on the BandPump Website or through the BandPump Services, you hereby grant to BandPump a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the BandPump Services.

Without this license, BandPump would be unable to provide the BandPump Services. For example, without the right to modify Member Content, BandPump would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, BandPump could not allow Visitors to listen to music posted by Members. The license you grant to BandPump is non-exclusive (meaning you are free to license your Content to anyone else in addition to BandPump), fully-paid and royalty-free (meaning that BandPump is not required to pay you for the use on the BandPump Services of the Content that you post), sublicensable (so that BandPump is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the BandPump Services), and worldwide (because the Internet and the BandPump Services are global in reach). This license will terminate at the time you remove your Content from the BandPump Services. The license does not grant BandPump the right to sell your Content, nor does the license grant BandPump the right to distribute your Content outside of the BandPump Services.

06-02. You represent and warrant that: (i) you own the Content posted by you on or through the BandPump Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the BandPump Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the BandPump Services.

06-03. The BandPump Services contain Content of BandPump ("BandPump Content"). BandPump Content is protected by copyright, trademark, patent, trade secret and other laws, and BandPump owns and retains all rights in the BandPump Content and the BandPump Services. BandPump hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BandPump Content (excluding any web or software code) solely for your personal use in connection with viewing the BandPump Website and using the BandPump Services.

06-04. The BandPump Services contain Content of Members and other BandPump licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the BandPump Services.

07. Content Posted.

07-01. BandPump may delete any Content that, in the sole judgment of BandPump, violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. BandPump assumes no responsibility for monitoring the BandPump Services for inappropriate Content or conduct. If at any time BandPump chooses, in its sole discretion, to monitor the BandPump Services, BandPump nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Visitor submitting any such Content.

07-02. You are solely responsible for the Content that you post on or through any of the BandPump Services, and any material or information that you transmit to other Members and for your interactions with other Visitors. BandPump does not endorse and has no control over the Content. Content is not necessarily reviewed by BandPump prior to posting and does not necessarily reflect the opinions or policies of BandPump. BandPump makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Visitors.

08. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the BandPump Services. BandPump reserves the right to investigate and take appropriate legal action against anyone who, in BandPump's sole discretion, violates this provision, including without limitation, removing the offending communication from the BandPump Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BandPump:

08-01. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

08-02. harasses or advocates harassment of another person;

08-03. exploits people in a sexual or violent manner;

08-04. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

08-05. solicits personal information from anyone under 18;

08-06. provides any telephone numbers, street addresses, last names, URLs or email addresses;

08-07. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

08-08. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

08-09. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, "spimming," or "spamming";

08-10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

08-11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

08-12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Visitors;

08-13. involves commercial activities and/or sales without the prior written consent of BandPump such as contests, sweepstakes, barter, advertising, or pyramid schemes;

08-14. includes a photograph of another person that you have posted without that person's consent; or

08-15. for musician profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the BandPump Website and through your use of the BandPump Services. BandPump reserves the right to investigate and take appropriate legal action against anyone who, in BandPump's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

08-16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

08-17. advertising to, or solicitation of, any Member to buy or sell any products or services through the BandPump Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the BandPump Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BandPump reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BandPump deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, comments, or other unsolicited communications of any kind through the BandPump Services, you acknowledge that you will have caused substantial harm to BandPump, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BandPump $50 for each such unsolicited email, comment, or other unsolicited communication you send through the BandPump Services;

08-18. covering or obscuring the banner advertisements on your personal profile page, or any BandPump page via HTML/CSS or any other means;

08-19. any automated use of the system, such as using scripts to add friends or send comments or messages;

08-20. interfering with, disrupting, or creating an undue burden on the BandPump Services or the networks or services connected to the BandPump Services;

08-21. attempting to impersonate another Member or person;

08-22. for musician profiles, copying the code for your BandPump music player and embedding it into other profiles or asking other Members to embed it into their profiles;

08-23. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

08-24. selling or otherwise transferring your profile;

08-25. using any information obtained from the BandPump Services in order to harass, abuse, or harm another person;

08-26. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the BandPump Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages or comments with a commercial purpose; or

08-27. using the BandPump Services in a manner inconsistent with any and all applicable laws and regulations.

09. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BandPump to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of proper notification to BandPump by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work, or work that of others, has been copied and posted on the BandPump Website in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the BandPump Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please deliver notice of claims for copyright infringement as follows: Copyright Agent, BandPump.com, 4270 1/2 67th Street, Sacramento, CA 95820; and email: copyright@bandpump.com.

10. Member Disputes. You are solely responsible for your interactions with other BandPump Members. BandPump reserves the right, but has no obligation, to monitor disputes between you and other Members.

11. Privacy. Use of the BandPump Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers. BandPump is not responsible for any incorrect or inaccurate Content posted on the BandPump Website or in connection with the BandPump Services, whether caused by Visitors of the BandPump Services or by any of the equipment or programming associated with or utilized in the BandPump Services. Profiles created and posted by Members on the BandPump Website may contain links to other websites. BandPump is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BandPump. Inclusion of any linked website on the BandPump Services does not imply approval or endorsement of the linked website by BandPump. When you access these third-party sites, you do so at your own risk. BandPump takes no responsibility for third party advertisements which are posted on this BandPump Website or through the BandPump Services, nor does it take any responsibility for the goods or services provided by its advertisers. BandPump is not responsible for the conduct, whether online or offline, of any Visitor of the BandPump Services. BandPump assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Visitor communication. BandPump is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BandPump Services or combination thereof, including any injury or damage to Visitors or to any person's computer related to or resulting from participation or downloading materials in connection with the BandPump Services. Under no circumstances shall BandPump be responsible for any loss or damage, including personal injury or death, resulting from use of the BandPump Services, attendance at a BandPump event, from any Content posted on or through the BandPump Services, or from the conduct of any Visitors of the BandPump Services, whether online or offline. The BandPump Services are provided "AS-IS" and as available and BandPump expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BandPump cannot guarantee and does not promise any specific results from use of the BandPump Services.

13. Limitation on Liability. IN NO EVENT SHALL BANDPUMP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BANDPUMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BANDPUMP'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BANDPUMP FOR THE BANDPUMP SERVICES DURING THE TERM OF MEMBERSHIP.

14. U.S. Export Controls. Software available in connection with the BandPump Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the BandPump Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

15. Disputes. If there is any dispute about or involving the BandPump Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Sacramento. Either BandPump or you may demand that any dispute between BandPump and you about or involving the BandPump Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Sacramento, California, USA, provided that the foregoing shall not prevent BandPump from seeking injunctive relief in a court of competent jurisdiction.

16. Indemnity. You agree to indemnify and hold BandPump, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BandPump Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the BandPump Website or through the BandPump Services causes BandPump to be liable to another.

17. Other. This Agreement is accepted upon your use of the BandPump Website or any of the BandPump Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BandPump regarding the use of the BandPump Services. The failure of BandPump to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforcement of any remaining provisions.

Please contact us with any questions regarding this Agreement.

BY BECOMING A MEMBER OF THE BANDPUMP WEBSITE I CERTIFY THAT HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Effective Monday, December 03, 2007

Presidential Note-

I'd like you to know that your privacy is of the utmost importance to me. Our policy is to protect the privacy of our members in every way possible within reasonable and legal bounds. Take comfort in knowing that BandPump.com respects and protects you and your personal information while you are taking part in the community. As always, our goal is to create a fun and safe environment for everyone. Have fun, and keep rockin' \m/!

Chris Gates
President & CEO
BandPump.com

01. About BandPump. BandPump.com is an online service that allows our members to set up unique personal profiles that can be linked together through networks of friends and fans. BandPump members can view each others' profiles, communicate with existing friends and meet new friends, share photos, post blogs and comments, and describe their interests. To enrich our members' experience, we request and display some personal information to other members and visitors, which allows our users to identify each other and expand their network of friends. BandPump members can change their profile information at any time and can control how other members and the service communicates with them.

BandPump.com cares deeply about online privacy. If you have any questions concerning this privacy policy, please email us at privacy@BandPump.com.

02. Information Collection & Use by BandPump. BandPump.com collects user submitted information such as name, email address, location, and age to authenticate users and to send notifications to those users relating to the BandPump.com service. BandPump.com also collects other profile data including but not limited to: personal interests, gender, education and occupation in order to assist users in finding and communicating with each other.

BandPump.com also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes.

User Profile information including members' pictures and first names are displayed to people in order to facilitate user interaction in the BandPump.com social networking community. Email addresses are used for the purposes of inviting new friends to join BandPump, to add users to members' friends' networks, and to send notifications related to the service. With the exception of inviting friends, adding friends, and notifications, a user's email address is not shared or displayed to people within a user's personal network. Users within a personal network communicate on BandPump.com with each other through the BandPump.com service, without disclosing their email addresses. Users' full names are never directly revealed to other members. To facilitate searching and finding friends and acquaintances on the service, BandPump.com allows users to search for other members using first and last name, email address, artist/band name, and schools and/or companies where users may have attended or worked.

We may also use a user's email address to send updates, a newsletter or news regarding the service. Users may choose not to receive email of this type by changing their "notification" setting to "Do not send me notification emails" in the user "Account Settings".

From time to time, BandPump.com, or a partner, may sponsor a promotion, sweepstake or contest on BandPump.com. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

03. Invitations & Other Communications to Non-members. BandPump members can invite friends to join the service by sending invitation emails via our automated invitation system. BandPump.com stores the email addresses that members provide so that the respondents may be added to the friend's list of the member sending the invitations, and also to send reminders of the invitations. BandPump.com does not sell these email addresses or use them to send any other communication besides invitations, invitation reminders (up to three (3) per email address). Recipients of invitations from BandPump.com may contact BandPump.com to request the removal of their information from our database.

BandPump members may also store email addresses of people they know in their internal BandPump address book and may also choose to send invitations and other communications to those addresses.

You may prevent BandPump.com email invitations and other messages from being sent to any email address you control by sending a single email with the subject "BLOCK" to privacy@BandPump.com. Please note that the email must come from the account you wish to block.

04. Use of Cookies. BandPump.com uses cookies to store visitors' preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same advertisements and to customize newsletter, advertising, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from BandPump.com in order to use most functions on the site. Please note that BandPump allows 3rd party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not the BandPump Privacy Policy.

05. Links. BandPump.com contains links to sites. BandPump.com is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on BandPump.com.

06. Public BandPump Content. Please be aware that whenever you voluntarily post public information to Journals, WebLogs, Message Boards, Classifieds or any other Public Forums that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.

07. Correcting, Updating or Removing Information. BandPump.com users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info.

08. Email Choice/Opt-out. Members who no longer wish to receive updates or notifications may choose not to by selecting 'Do not send me notification emails' in the user profile 'Account Settings'. Users who do not wish to receive BandPump.com newsletters may choose not to by selecting 'Do not send me BandPump newsletters' in the user profile 'Account Settings'. All notification emails and BandPump.com newsletters also include the above instructions for opting-out of those communications in the future.

09. Third Party Advertising. Ads appearing on this Web site may be delivered to users by BandPump.com or one of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by BandPump.com and does not cover the use of cookies by any advertisers.

10. Security. BandPump.com member accounts are secured by member-created passwords. BandPump.com takes precautions to insure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. For any additional information about the security measures we use on BandPump.com, please contact us a privacy@BandPump.com

11. Sharing & Disclosure of Information BandPump Collects. Except as otherwise described in this privacy statement, BandPump will not disclose personal information to any third party unless we believe that disclosure is necessary:
(1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by BandPump.com, whether or not a response is required by applicable law;
(2) to enforce the BandPump.com Terms of Use Agreement or to protect our rights; or
(3) to protect the safety of members of the public and users of the service. BandPump reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of BandPump or substantially all of its assets to that successor in interest. For more information see the "Changes in Our Privacy Policy" section below.

12. Changes in Our Privacy Policy. From time to time we may make changes to our privacy policy. If we make changes, we will post them on our site to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any minor changes to the policy when she or he uses the site after those changes have been posted. If, however, we are going to use users' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on our Web site for 30 days.

13. Contacting BandPump. If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, please contact us at: privacy@BandPump.com.