Terms of Service
BANDS TERMS OF SERVICE, PUBLISHING SERVICES AGREEMENT, END-USER LICENSE AGREEMENT
Last Modified: Aug 26, 2024
*Important Information for Royalty Claims
The total dollar sums indicated herein may be subject to alteration based on recoupment status in the event of the existence or continuation of any pre-existing contractual arrangement with significant music labels, distribution entities, rights holders or similar organizations, pertaining to particular songs, records, or albums. It is imperative that you verify the status of your recoupment prior to pursuing the aforementioned amounts.
Please carefully review these Terms of Service (referred to as the "Agreement"). By accessing or utilizing the Service (defined below), including registering for a BANDS Account (defined below), you are demonstrating your acceptance of this Agreement.
This Agreement establishes the relationship between you (referred to as the "User" or "you" or "your") and BANDS CA Inc, operating as BANDS ("BANDS" or "we" or "us"), concerning your usage of the BANDS mobile software application (referred to as the "App") and associated websites (collectively encompassing any content and services available therein, as well as any future site(s) or application(s) related to it, referred to as the "Service"). Additionally, this Agreement integrates any supplementary terms and conditions provided by BANDS through the Service or otherwise shared with you by BANDS.
This Agreement incorporates a mandatory arbitration clause, as described further in Section 16 below, mandating the use of arbitration on an individual basis for dispute resolution, rather than resorting to jury trials, court proceedings, or class actions of any nature.
We reserve the right to modify this Agreement periodically by informing you of such changes through reasonable means, which may involve posting a revised Agreement within the Service. These alterations will not apply to any disputes between you and us that emerged prior to the date when we posted the updated Agreement that incorporates such adjustments or otherwise communicated these changes to you.
Your continued use of the Service subsequent to any revisions to this Agreement will constitute your acknowledgment and acceptance of these changes. The "Last Updated" label above specifies the date of the last modification to this Agreement. We retain the authority to modify or discontinue, without incurring liability, the entire or specific sections of the Service, adjust, waive, or impose any fees necessary for Service utilization, and offer opportunities to some or all Service users at any time.
1. Eligibility. To access or utilize the Service, you must belong to one of the following categories: a professional musician, producer, engineer, songwriter, manager of professional musicians or songwriters, music industry professional, or a company or organization in the music industry. You must also meet the eligibility criteria outlined below.
2. Age Requirement. When using the Service, you assert that you are at least 13 years old. If you are not of legal age to enter into this Agreement, you confirm that you have obtained the consent of your parent or guardian to enter into this Agreement, and your parent or guardian likewise agrees to abide by this Agreement. Please note that if you are under thirteen (13) years old, regardless of parental or legal guardian consent, you are not permitted to access or use the service.
3. Requirements for Organizations. If you are an individual accessing or using the Service on behalf of or for the benefit of any corporation or other organization (referred to as an "Organization"), you are entering into this Agreement on behalf of both yourself and the Organization. You also affirm that you possess the legal authority to bind the Organization to this Agreement. References to "you" and "your" in this Agreement pertain to both the individual using the Service and the Organization.
4. Requirements for Groups. In cases where you, as an individual or an Organization, access or use the Service not solely for your own benefit but also on behalf of or for the benefit of any other individual, band, or group of individuals (referred to as a "Group"), you are entering into this Agreement on behalf of yourself and the Group, which includes each member of the Group. You further affirm that you have and will continue to maintain the legal authority to bind the Group, including each member, to this Agreement. References to "you" and "your" in this Agreement encompass both the individual or Organization using the Service and the Group, including each member. Upon our request at any time, you will provide us with written confirmation from each member of the Group, demonstrating that you possess the legal authority to bind them to this Agreement and that they are bound by this Agreement. If any member of the Group does not meet the age requirement detailed in Section 1(a), and you are not their parent or guardian, you confirm and warrant that such member has secured parental or legal guardian consent to be bound by this agreement, and that the said parent or legal guardian has also agreed to be bound by this Agreement. However, it's important to reiterate that minors under the age of thirteen (13) are not allowed to access or use the service and cannot be included in a Group. Consequently, you must not access or use the service on behalf of or for the benefit of a minor under the age of thirteen (13) or any Group that includes such a minor.
5. Registration Process. To access all or a portion of the Service, you may be required to create a BANDS Account. It's important to note that each BANDS Account can only be linked to a single individual, Organization, or Group. Consequently, you can only register a BANDS Account for yourself or, where applicable, on behalf of your Organization or Group.
If you are registering a BANDS Account on behalf of an Organization or Group, you confirm and guarantee that you possess the authority to complete the BANDS Account registration for said Organization or Group. Please be aware that you are solely accountable for any use or misuse of your BANDS Account. In the event of a breach of confidentiality or unauthorized access to your BANDS Account, it is your responsibility to promptly notify us, not BANDS.
6. Text Message/Email Authorization. In order to register for a BANDS Account, we will request your phone number and/or email address, associated with a device capable of receiving electronic communications. As a part of our user authentication and security protocol, we will transmit a numerical code to the phone number and/or email address you provide during registration. To finalize your registration, you will be prompted to enter this numeric code.
For enhanced security, we may employ this process of sending a numeric code to your phone number and/or email and requesting input of the code each time you log in from an unrecognized device. By utilizing our service, you grant your consent to receive these numeric codes via text message or email at the specified phone number or email address, utilizing automated systems as necessary.
Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Should you wish to discontinue receiving electronic messages, you will need to cease your usage of the Service.
7. Integration with Third Party Services. We may offer you the option to link your BANDS Account with your personal, Organization, or Group accounts on specific third-party platforms and services (referred to as "Third Party Services" and their corresponding accounts as "Third Party Service Accounts"). It's essential to note that a single Third Party Service Account cannot be linked to more than one BANDS Account, and you are prohibited from connecting your BANDS Account with a Third Party Service Account already associated with another user's BANDS Account. If you belong to a Group, it is the sole responsibility of you and your fellow Group members, not BANDS, to determine which BANDS Account will be used to link to the Group's Third Party Service Accounts.
By linking your BANDS Account with one or more Third Party Service Accounts, you grant us authorization to access each Third Party Service Account through the respective Third Party Service, on behalf of yourself, your Organization, or your Group (as applicable). This access allows us to automatically retrieve, collect, store, process, and use any information, content, or materials associated with each Third Party Service Account ("Third Party Service Materials") to provide the Service. This may include analyzing, reformatting, and displaying Third Party Service Materials within the Service. Please be aware that Third Party Services may have their own terms and conditions, and by connecting your BANDS Account to any Third Party Service Account, you are solely responsible for complying with these terms and conditions.
For Organizations or Group members, it is your responsibility to determine who may access Third Party Service Account information and the extent to which it may be shared, ensuring compliance with the applicable Third Party Service terms and conditions. We do not operate or control Third Party Services, and we make no guarantees regarding their accessibility or availability. You are responsible for ensuring that your use of the Service in this manner complies with all relevant laws, regulations, and third-party terms and conditions, including those of Third Party Services. Please note that we are not liable for any third-party services or Third Party Service Accounts, and your interactions with third-party service providers are your responsibility. We do not endorse third-party services or the quality of their services for any specific purpose, nor do we verify the authenticity of any data you submit to us. If you wish to stop our access to specific Third Party Services, please email us at support@joinbands.co. However, doing so may impact the value of the Service to you.
The Service may offer functionality that allows access to information, products, services, and materials provided by third parties ("Other Third Party Materials"), including routing or transmission of such Other Third Party Materials via links. When you use this functionality, you are directing us to access, route, and transmit the applicable Other Third Party Materials to you.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety, nor do we guarantee any intellectual property rights associated with them. Some Third Party Materials may be inaccurate, incomplete, misleading, false, or deceptive. This Agreement does not constitute a representation or warranty by BANDS regarding any Third Party Materials. We are not obligated to monitor or review Third Party Materials, and we retain the right to remove, block, disable, or limit access to any Third Party Materials and/or Third Party Services at any time and for any reason. If such actions are taken, we will no longer access, retrieve, or process information from these Third Party Materials and/or Third Party Services on your behalf. Additionally, the availability of Third Party Materials through the Service does not imply our endorsement of or affiliation with any Third Party Materials provider, nor does it create any legal relationship between you and such provider. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials, such as terms of service or privacy policies provided by the Third Party Materials' providers.
8. Ownership and Limited License. The Service, including the App, along with all text, graphics, images, music, software, audio, video, information, or other materials provided through the Service (collectively referred to as "Content"), as well as the arrangement and selection of such Content, are the property of either us or our licensors. These materials are safeguarded by copyright and other intellectual property laws. All trademarks, service marks, trade names, and logos appearing on the Service belong to us and/or our licensors. You are prohibited from removing or altering any copyright, trademark, service mark, or other proprietary rights notices found on the Service or within any Content. We reserve all rights not explicitly granted in this Agreement.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and utilize the Service and Content strictly for your personal or internal business purposes as explicitly allowed by this Agreement. In the case of the App, your usage is also subject to the Usage Rules outlined in the Apple App Store Terms of Service. We retain all rights that are not expressly conferred in this Agreement. This license is contingent upon this Agreement and does not authorize you to partake in any of the following activities: (a) reselling or using the Service or Content for commercial purposes; (b) distributing, publicly performing, or publicly displaying any Content; (c) creating derivative works or modifications of the Service, Content, or any part thereof; (d) employing data mining, robots, or similar methods to gather or extract information; (e) downloading (except for page caching) any part of the Service, Content, or the information contained therein; (f) reverse engineering or accessing the Service or Content to develop a competing product or service; (g) using the Service or Content for purposes other than their intended use; (h) any use of the Service or Content in a manner not expressly permitted under this section.
Your failure to adhere to these limitations or any other provision within this Agreement may lead to the automatic termination of this Agreement, either at our sole discretion or following notice of termination from us. In such an event, you must promptly cease using or accessing the Service and Content and delete any downloaded Content copies. No rights, titles, or interests in the Service or any Content are transferred to you, and we reserve all rights not explicitly granted. Any use of the Service or Content not expressly authorized under this Agreement constitutes a breach of this Agreement and may infringe upon copyright, trademark, and other legal statutes.
9. Information Submission and Privacy Policy. When you submit information via the Service, it is subject to BANDS' Privacy Policy, accessible at https://joinbands.co/privacy (referred to as the "Privacy Policy"). You confirm and assure that any information you furnish while using the Service, including information linked to Third Party Services, is accurate and complete. Furthermore, you commit to maintaining and revising such information as required.
10. Service Jurisdiction and Availability. The Service is managed and run from the United States, with no intention to bring BANDS under the jurisdiction or laws of any non-U.S. territory. It's possible that the Service may not be suitable or accessible for use in certain non-U.S. regions. Your utilization of the Service is at your own discretion, and you are responsible for adhering to all relevant laws and regulations. We maintain the right to restrict access to the Service, either in part or entirely, to individuals, specific geographic regions, or jurisdictions, as we see fit, at any time.
11. User Conduct. User Conduct and Service Usage Restrictions:
You agree not to use the Service in a way that:
• Violates any applicable laws or regulations.
• Infringes the rights of any third party, including intellectual property, privacy, publicity, or personality rights.
• Is fraudulent, false, misleading, or deceptive.
• Is defamatory, obscene, pornographic, vulgar, or offensive.
• Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
• Is violent or threatening or promotes violence or actions that threaten others.
• Harms minors, including uploading Child Pornography.
• Promotes illegal or harmful activities or substances.
• Violates this Agreement.
Additionally, you agree not to:
• Use the Service for any commercial purpose or benefit third parties or charge any person for its use.
• Reproduce, duplicate, copy, sell, trade, resell, or exploit any portion of the Service or your access to it for commercial purposes.
• Use the Service to post, transmit, distribute, or solicit content containing harmful computer programs.
• Exploit or harm minors by exposing them to inappropriate content or requesting personally identifiable information.
• Use the Service in a way that adversely affects its performance, infringes on copyrights or trademarks, or violates the rights of others.
• Use automated systems to access the Service excessively.
• Collect personally identifiable information, including Account names, from the Service.
• Frame or mirror any part of the Service without prior written consent.
• Create a false identity or impersonate others, including making false statements about your qualifications.
• Create User Content containing advertisements, solicitations, spam, or unsolicited messages.
• Engage in any other conduct that restricts or inhibits others from using the Service or exposes BANDS or any third party to liability or harm.
Although we have no obligation to screen, edit, or monitor User Content, we reserve the right to remove, screen, or edit User Content posted or stored on the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Service at your sole cost and expense. Any use of the Service in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the Service.
We are not responsible for the accuracy or credibility of any User Content on the Service and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on the Service. Through your use of the Service, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues, and foreign nationals. By using the Service, you assume all associated risks, and BANDS has no responsibility or liability for any such communication or activity. BANDS may not be held liable or responsible for any damages or harm arising out of or related to your use of the Service.
We may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for BANDS. We may access, preserve, and disclose your User Content and any other information if we believe in good faith that such access, preservation, or disclosure is necessary to comply with legal process or governmental requests (such as a subpoena or court order), enforce this Agreement, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security, or technical issues, or protect the rights, property, or safety of BANDS, its users, or the public.
12. User Feedback. If you offer us any ideas, proposals, suggestions, or other materials ("Feedback"), whether related to the Service or any other matter, you acknowledge and agree that this Feedback is not confidential. You provide this Feedback voluntarily, without any obligation or restriction, and it does not create any fiduciary or similar obligation for BANDS. BANDS can use any Feedback you provide without the obligation to compensate you or any third party.
13. Monitoring. We retain the right (but are not obligated) to oversee, scan, intercept, inspect, assess, store, transcribe, modify, or delete any information (including messages, data, content, or other materials transmitted to you or by you as part of the Services or their features), at any stage, including during transmission, before and after storage, or when it becomes available through the Services. We may also scrutinize, assess, or evaluate your use of the Services, whether manually, through automated methods, or by other means, for any reason, including those outlined in the Privacy Policy.
14. Proprietary Rights of BANDS. The Service is our exclusive property, safeguarded by proprietary rights and applicable laws. Our trade names, trademarks, and service marks, including BANDS and associated logos, are part of our intellectual property. Any trade names, trademarks, service marks, or logos on the Service that we don't own belong to their respective owners. You are not permitted to use our trade names, trademarks, service marks, or logos in connection with any product or service not provided by us, or in a way that may lead to confusion. Nothing within the Service should be interpreted as granting the right to use any trade names, trademarks, service marks, or logos without the explicit prior written consent of the owner.
15. Warranties Disclaimer. To the maximum extent permitted by applicable law: (a) The Service, including your BANDS Account, and any Third Party Service Materials are provided to you on an "As Is," "Where Is," and "Where Available" basis, without any warranties, whether express, implied, or statutory. (b) BANDS explicitly disclaims all warranties concerning the Service and any Third Party Service Materials, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and title. Providers of Third Party Services may offer limited representations and/or warranties regarding their Third Party Services and/or Third Party Service Materials; please consult with these providers for further details. We do not assert or guarantee that the Service or Third Party Materials will be accurate, complete, error-free, or up-to-date. All disclaimers (including those in this section and elsewhere in this Agreement) are intended for the benefit of both BANDS and its affiliates, including directors, officers, employees, agents, representatives, licensors, and service providers (collectively referred to as "Affiliated Entities"), as well as their successors and assigns. While we strive to maintain the timeliness, integrity, and security of the Service, we cannot guarantee that the Service will remain updated, complete, correct, or secure, or that access to the Service will be uninterrupted. The Service may contain inaccuracies, errors, and materials that violate or conflict with this Agreement.
16. Limitation of Liability. To the maximum extent allowed by applicable law: (a) BANDS shall not be responsible for any indirect, incidental, consequential, special, exemplary, or punitive damages of any nature, whether under contract, tort (including negligence), strict liability, or any other theory. Such damages may encompass loss of profits, diminution or reduction in asset valuation, use of data, as well as the loss of other intangible assets, even if the possibility of such damages or losses was advised in advance. (b) Without limiting the above, BANDS shall not be held liable for any damages arising from your use of or inability to use the Service or Third Party Service Materials, including damages that may result from any transmitted viruses. (c) Your exclusive remedy for dissatisfaction with the Service or Third Party Service Materials is to discontinue using the Service.(d) BANDS' maximum cumulative liability for all damages, losses, and causes of action, whether in contract, tort (including negligence), or any other legal theory, shall be the greater of (I) Ten Dollars ($10.00) or (II) the total amount, if any, paid by you to BANDS for the use of the Service.
All limitations of liability, including those in this section and elsewhere in this Agreement, are established for the benefit of both BANDS and the Affiliated Entities, along with their respective successors and assigns.
17. Indemnity. To the maximum extent allowed by applicable law, you hereby agree to defend, indemnify, and hold BANDS, the Affiliated Entities, and their respective successors and assigns, harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys' fees). These claims, liabilities, and expenses arise from or are related to: (a) Your utilization of, or involvement with, the Service, including the utilization of Third Party Service Accounts connected to your BANDS Account and your interaction with Third Party Services in connection with the Service.(b) Any actual or alleged violation of this Agreement by you. (c) If you are part of a Group (including managing a Group), any disputes or alleged disputes that may arise among Group members (including yourself) concerning your BANDS Account or the Service. This encompasses issues related to access or usage of the Service.
18. Termination. This Agreement will remain in effect until it is terminated. BANDS reserves the right to terminate or suspend your use of the Service at any time and without prior notice, for any reason or no reason at all. This includes situations where BANDS believes that you have violated the terms of this Agreement or have acted in a manner inconsistent with its principles.
Upon such termination or suspension, your ability to use the Service will immediately cease. BANDS may, without any obligation or liability to you or any third party, promptly deactivate or remove your username, password, and account, along with all associated materials. BANDS is not obliged to grant any further access to these materials following termination. Certain sections of this Agreement will continue to apply even after its expiration or termination.
19. Governing Law; Dispute Resolution. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, regardless of your location.
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BANDS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT BANDS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. The Commercial Arbitration Rules are available online at: https://adr.org/sites/default/files/Commercial%20Rules.pdf In-person appearances will be held in Los Angeles County, California State. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. With respect to Groups, any and all disputes regarding a BANDS Account and/or the Service (including any access to or use thereof) between or among members of a Group must be handled directly among the members of such Group. You agree that all such disputes shall be addressed and without our involvement, that we will not be a party to any such dispute and that we shall have no liability or obligation to assist in any such dispute (for purposes of clarification, and without limiting our rights and remedies hereunder, any effort to bring us into any such dispute will be subject to this Section 16). This Agreement shall constitute the entire agreement between you and BANDS concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and BANDS's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. BANDS reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND BANDS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. User Content. The Service allows users to upload, publish, display, link to, or otherwise share content, including text, data, software, music, sound, photographs, graphics, video, or other materials ("User Content"). By posting User Content in connection with the Service, you affirm, represent, and warrant that you have the necessary licenses, rights, consents, and permissions to do so, and you grant BANDS a license to use your User Content on the Service as described in this Agreement.
Additionally, you confirm that you have obtained written consent, releases, and permissions from all identifiable individuals featured in your User Content to use their name, voice, photograph, likeness, or other attributes as part of your User Content in compliance with this Agreement. You are responsible for any royalties, fees, or other payments due to any person because of your User Content on the Service.
While you retain ownership rights in your User Content, you grant BANDS and other Service users a limited, non-exclusive, fully paid, royalty-free, sublicensable, and worldwide license to use, copy, modify, distribute, and display your User Content in connection with the Service. This license will terminate when your User Content is removed from the Service.
You acknowledge that BANDS does not guarantee the confidentiality of any User Content you submit. You agree not to submit any User Content unless you have the legal right to do so under this Agreement and that it does not violate third-party copyrights or proprietary rights.
While BANDS is not obligated to screen User Content, we reserve the right to remove, screen, or edit User Content posted on the Service at our discretion. You are responsible for creating backups and replacing any User Content you post on the Service.
We are not responsible for the accuracy or credibility of User Content on the Service and do not assume liability for any actions resulting from reading User Content. Your use of the Service may expose you to content that you find objectionable, inaccurate, or harmful, and you assume all associated risks.
BANDS may take actions regarding User Content, including removal or suspension of user rights, if we believe it violates this Agreement or infringes on intellectual property rights, threatens user safety, or could create liability for BANDS. We may access, preserve, and disclose User Content and other information to comply with legal requirements, enforce this Agreement, address fraud or security issues, or protect the rights and safety of BANDS, users, or the public.
21. Communications. Your interactions with BANDS involve electronic communications, whether through the Service, email exchanges, or notifications posted on the Service. For contractual matters: (a) You acknowledge and accept the receipt of electronic communications from BANDS. (b) You agree that all terms, agreements, notices, disclosures, and other communications provided to you by BANDS in electronic form meet the legal requirements, just as if they were in a traditional written format. This acknowledgment does not affect any rights that cannot be waived.
22. Export Regulations. It is your responsibility to adhere to the export regulations of the United States. This includes compliance with U.S. embargoes and any federal statutes or regulations that limit exports. By using the Service, you affirm, guarantee, and commit to the following: (a) You are not residing in, nor are you a national or resident of, a country that is under U.S. government embargo or any similar restriction, nor have you been identified by the U.S. government as supporting terrorism. (b) You are not listed as a restricted end user on any U.S. government lists.
23. Miscellaneous Terms. You are responsible for acquiring, maintaining, and covering the costs of all necessary hardware and telecommunication services required for using the Service. We do not guarantee continuous, uninterrupted, or secure access to the Service, as its operation may be affected by factors beyond our control. The availability of the Service may vary depending on your geographical location, and we reserve the right to modify or discontinue any feature of the Service at our discretion. During the term of these Terms:(a) You agree to participate in case studies and similar marketing initiatives as reasonably requested by BANDS. (b) BANDS may publicly acknowledge that you are a BANDS customer. (c) BANDS may use your testimonials, feedback, name, website URL, use case, logo, and other marks in BANDS' website, case studies, marketing materials, conference presentations, and other promotional materials.
This Agreement does not establish a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and BANDS. You acknowledge that the Service, including any Third Party Services or Materials, does not provide financial advice, and BANDS does not act as a financial advisor. If any provision of this Agreement is deemed unlawful, void, or unenforceable, it will not affect the validity and enforceability of the remaining provisions. You may not assign or transfer your rights or obligations under this Agreement without our express written consent, while we may do so without restriction. No waiver of any breach or default under this Agreement shall be deemed a waiver of any subsequent breach or default. Any headings or section titles are for convenience and do not define or explain any section or provision.
All singular terms defined herein have the same meaning in the plural form, as appropriate, unless specified otherwise. The use of "including" or similar terms in this Agreement should be interpreted as "without limitation." This Agreement, including any incorporated terms and conditions, constitutes the entire agreement between you and BANDS regarding its subject matter and supersedes any prior written or oral agreements. Notices to you, including changes to this Agreement, may be provided through the Service, email, or regular mail. A printed version of this Agreement and any electronically delivered notice shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records in printed form. BANDS shall not be held responsible for any failure to fulfill obligations due to causes beyond its control.
24. Apple-Specific Terms. Apple-Specific Terms: In addition to your agreement with the preceding terms and conditions, the following provisions specifically pertain to your use of any version of the App compatible with Apple Inc.'s iOS operating system ("Apple"). Please note that Apple is not a party to this Agreement, does not own the App, and is not responsible for it. Apple does not provide any warranty for the App, except for potential refunds of the purchase price. Maintenance and support services for the App are not the responsibility of Apple, and Apple is not liable for any claims, losses, liabilities, damages, costs, or expenses related to the App. This includes third-party product liability claims, claims regarding App compliance with legal or regulatory requirements, claims under consumer protection or similar laws, and claims related to intellectual property infringement.
Any inquiries or complaints regarding App use, including those concerning intellectual property rights, should be directed to BANDS as outlined in the "Information or Complaints" section above. The license granted to you is limited to a non-transferable license for using the App on an Apple-branded product running Apple's iOS operating system, which you own or control. This usage must also comply with Apple's App Store Terms of Service's Usage Rules and any other applicable third-party agreements, such as your wireless data service agreement.
Apple and its subsidiaries are considered third-party beneficiaries of this Agreement. By accepting these terms and conditions, you acknowledge and agree that Apple and its subsidiaries have the right (and will be deemed to have accepted that right) to enforce this Agreement against you as third-party beneficiaries. It's important to note that BANDS' right to enter into, rescind, or terminate any variations, waivers, or settlements under this Agreement is not contingent upon the consent of any third party.
25. Violations. Any violations of this Agreement can be reported to us at support@joinbands.co. Please contact us at support@joinbands.co with any questions regarding this Agreement.
26. Data Retention, Deletion, & Data Subject Subject Access Requests (DSARs) By creating a BANDS account, you provide consent for BANDS to collect and store specific personal data, including but not limited to Royalty Earnings from Streaming Services, Track Registrations, and other related user data. This consent allows us to retain and process your data to ensure the ongoing functionality of our services.
If you choose to delete your BANDS account in the Profile Settings section of the BANDS app, this action will be interpreted as a withdrawal of the consent previously provided. Upon receiving such a withdrawal, we will initiate the deletion of your personal data within 30 days, unless retaining the data is necessary for legitimate business purposes, such as paying out publishing administration royalties, compliance with legal obligations, fraud prevention, or other essential functions.
Following applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), you have the right to request the deletion, modification, or transfer of your data at any time. You may do so by contacting us via email (support@joinbands.co) or through our web submission form: https://www.joinbands.co/delete-my-data. Upon receiving a valid request, we will confirm the request within 10 business days and complete the deletion, modification, or transfer of your data within 30 days.
Please be aware that if you do not submit a formal deletion request or delete your BANDS account, and instead only delete the BANDS app or cancel your subscription, your personal data will be retained in our systems. This retention is part of our standard business practices, which allow us to provide ongoing services, such as enabling you to re-download the app or access free features that do not require a subscription. We are committed to safeguarding your data, and it will remain securely stored unless you explicitly request its deletion or choose to delete your account permanently.
If we are unable to comply with your request within the specified timeframe due to legal obligations or other exceptional circumstances, we will notify you and provide a revised timeline for completion.
27. Effective Date. This Agreement was last updated on May 13, 2024. This is a comprehensive legal document that sets forth the terms and conditions governing the utilization of the BANDS service. It encompasses a wide array of aspects, including user behavior, content ownership, warranty disclaimers, liability restrictions, indemnification, and more. It is crucial for users of the service to thoroughly review and grasp this agreement before engaging with the platform, as it delineates the rights and obligations of both users and the service provider. Should you require specific clarifications or additional information, please don't hesitate to contact us at support@joinbands.co
PUBLISHER ADMINISTRATION SERVICES AGREEMENT (MELODY)
Aug 26, 2024
You and BANDS CA INC (“BANDS” or “us”) both acknowledge that your use of the Publisher Administration Services (as defined below) is contingent upon your acceptance of the terms outlined in this agreement (the “agreement”). This agreement encompasses the specific terms for accessing and using the Site, in addition to our general website terms of service (here), privacy policy (here), and End User License Agreement (below), collectively forming a binding agreement between you and BANDS. By proceeding to create an Account for Publisher Administration and utilizing the Services (the “Services”), you are expressing your agreement to these terms. If you are not in agreement with any aspect of this agreement, please refrain from registering for or using the Services. Furthermore, if you are representing other people or an entities, you confirm that you have the authority to bind them to this agreement. As used herein, the term “you” includes all such people and entities.
GRANT OF RIGHTS During the Term, you grant BANDS, its successors, licensees, and assigns exclusive rights for managing, promoting, and collecting royalties within the Territory with respect to one hundred percent (100%) of all your right, title and interest (“Your Interest”) in the musical compositions you submit to BANDS via the Site, with the exception of Traditional Sync Licensing, which rights are retained by you, and any other Services you choose to opt-out of via your Account (collectively referred to as the “Exclusions”).
This includes registering your compositions with performance rights organizations and other licensing agencies as needed, granting performance and licensing permissions, including, without limitation, the right to grant so-called “direct” performance licenses (including the writer’s share of performance), reproducing and distributing your compositions in various formats, administering blanket licenses, handling associated royalties, making or causing to be made, and licensing others to make, master recordings, phonograph records, digital downloads (including so-called limited, conditional or tethered downloads), streams (interactive and non-interactive), ringtones, podcasts, soundtracks, transcriptions, pressings and any other mechanical, physical, or other reproductions of the Compositions, in whole or in part, without limitation, the right to grant third-party licenses authorizing sampling or interpolation of the Compositions, and to use, manufacture, license, sell, advertise, or otherwise exploit such reproductions for any and all purposes and any and all media, including, without limitation, public and private performances, television, radio, motion pictures, phonograph records, streaming services, karaoke services, jukebox services, background music services and any and all other means and devices, whether now known or hereafter conceived or developed. To grant, administer and collect under blanket audio-visual licenses, including “micro sync” licenses as that term is understood in the U.S. music publishing industry, and blanket audio-only licenses (collectively, “Blanket Licenses”).
Blanket Licenses include, and are not limited to, licenses for use of Compositions (or portions thereof, including lyrics or metadata) in videos, “art tracks,” on-site advertising and other audio-visual content on social media platforms, within user-generated videos, slideshows, presentations and similar multimedia projects, in software apps or digital environments and/or experiences, and on video sites and services, as well as digital fitness programs and Web3 platforms. BANDS’s rights with respect to Blanket Licenses also include, without limitation, the rights to synchronize the Compositions in timed relation with audiovisual content available on such services and to create derivative works of the Compositions through features made available by such platforms. To print, publish, sell and multiply, and to authorize others to print, publish, sell and multiply, copies of the Compositions, in all forms.
At your request or with your permission, to substitute new titles for any of the Compositions, and to make any arrangement, adaptation, translation, dramatization or transposition of any of the Compositions or of the titles, lyrics or music thereof, in whole or in part, and in connection with any other musical, literary or dramatic material, and to add new lyrics to the music of any Composition or new music to the lyrics of any Composition, and to prepare derivative works based on the Compositions, regardless of any so-called "moral rights". Furthermore, you authorize us to manage credit data and metadata associated with your compositions, sublicense rights to third parties, and handle legal matters related to your compositions unless otherwise specified. We also have the discretion to participate in group actions or settlements on your behalf for royalty recovery.
Throughout our partnership and even after its conclusion, we will continue to collect and distribute royalties earned during the agreed-upon periods, taking into account any necessary deductions for expenses incurred. Upon your request or approval, we may use your name, biographical information, and likeness for marketing and promotional purposes related to the Site, our Services, and the compositions covered by this agreement. You acknowledge that certain licenses may extend beyond the specified term and territory, and you authorize us to enter into such agreements on your behalf.
APPROVALS Failure to respond to a request within ten (10) business days from the date of the request will be considered as approval for the relevant use, as required by this agreement.
YOUR ACCOUNT As part of the Registration process, you'll need to choose a unique user name and password for your Account and provide BANDS with accurate and complete registration details to access the Services. This includes information like a valid email address, your name, age, postal address, phone number, photo identification, social security number, tax ID number, or payment details. Additionally, you may need to submit a tax form verified by BANDS or its third-party payment processor(s), along with any requested updates or other information reasonably asked for by BANDS. Failure to provide this information or updates may lead to payment delays or Account cancellation. It's important to keep your user name, password, and Account information confidential and secure, as you are solely responsible for any activity and charges incurred through your Account. If there are changes to your registration information or if you suspect unauthorized use of your password, please notify BANDS immediately at support@joinbands.co.
Please note that any materials (whether physical or digital) submitted to BANDS will not be returned. You cannot transfer or assign your account, rights, obligations, or interests under this agreement to anyone else without written agreement from BANDS. Any attempt to do so without proper consent will be considered void and ineffective from the start, and any transfers of Your Interest in compositions will still be subject to this agreement during the specified Term and Exploitation Period.
SUBMITTING COMPOSITIONS After completing Registration, you have the option to submit numerous Compositions for BANDS to manage under the Services and in accordance with this agreement. When submitting Compositions, you may be asked to provide ISWCs, ISRCs, or other identification codes, along with your percentage copyright interest that constitutes Your Interest for each Composition. By submitting Compositions to BANDS, you affirm that the ownership percentage information provided is accurate and current. BANDS shall not be held liable for any inaccuracies or fraudulent information in the Compositions submitted to us. You are solely responsible for any financial audits or penalties arising from inaccurate data submissions. Upon BANDS's request, you must complete and deliver any necessary documents related to the rights granted to BANDS in the Compositions. Failure to do so within ten (10) business days of BANDS's request may result in BANDS signing such documents on your behalf or Account cancellation at BANDS's discretion. BANDS retains the right to refuse administration (or revoke administration) of any Compositions or other content provided as part of the Services for various reasons, including if such content is considered objectionable, violates this agreement or any third-party licensee terms and conditions, is a Non-Qualified Work, infringes on third-party rights, is fraudulent, or for any other valid business reason determined by BANDS.
BANDS FEES In consideration of the Services rendered hereunder, you shall be obligated to pay to BANDS the fees described in the relevant Registration (“Registration Fee”). If you or BANDS terminate this Agreement for any reason, you will not be entitled to reimbursement of the Registration Fee.
PAYMENTS BANDS will compensate you with Your Share of “Net Sums,” which refers to all funds received by BANDS in the United States directly related to exploiting Your Interest in the Compositions. This compensation is reduced by actual, reasonable costs incurred by BANDS specifically for exploiting the Compositions and collecting income, including any required tax deductions and payments to international licensees if applicable (income received by or attributed to BANDS due to Compositions' exploitation in the United States is calculated “at source”). BANDS will retain the remaining Net Sums as its administration fee. If BANDS suspects that your Account has been involved in fraudulent, infringing, or illegal activities violating this agreement, including submitting Non-Qualified Works for administration, BANDS reserves the right to stop posting Net Sums to your account and block fund withdrawals until a satisfactory resolution or explanation is provided, at BANDS's discretion. In cases where Fraudulent Activities are identified or reported concerning the Compositions, you agree to forfeit such Net Sums, and any costs incurred by BANDS may be deducted from your payments under this agreement, in addition to other remedies available to BANDS. BANDS's licensees may also have policies regarding suspected or actual Fraudulent Activities, which you agree to abide by under this agreement.
ACCOUNTING While we will provide daily access to your interim account information via the Site and your Account, formal accountings as to Net Sums payable by BANDS to you hereunder shall be made to you via your Account on a quarterly basis, together with payment of accrued Net Sums, if any, earned by you during such quarterly period. If the total Net Sums owed to you for any given period are less than Twenty-Five U.S. Dollars ($25), we may carry these payments forward to the next accounting period where the owed amount exceeds this threshold. Any statements or accountings provided by BANDS are considered binding and cannot be objected to unless a specific written objection, stating the basis, is submitted to BANDS within one (1) year from the statement's date. Statements and payments will be delivered as per the instructions in the Registration. Generalized objections, such as claims of over-reporting deductions or underreporting income, will not be considered valid objections.
CANCELLATION The Term spans two (2) years, and your participation in the Service will automatically continue beyond the term until you submit a cancellation request to support@bands.co. The cancellation will take effect at the end of the current calendar quarter upon receiving the notice, subject to our rights for post-Term Exploitation Period and post-Exploitation Period collections, along with the regulations of relevant rights organizations. Once Registration Fees are paid, they are non-refundable, and you are responsible for all associated charges, fees, taxes, and assessments resulting from your Account's usage. Failure to comply with this agreement's provisions, as determined by BANDS, may result in the termination of this agreement and/or your Account without prior notice. In such cases, you are responsible for any outstanding amounts up to the termination date. We reserve the right to terminate the Term if we cease providing the Services or for any other valid reason.
CHANGES BANDS reserves the right at any time to modify this agreement and to impose new or additional terms or conditions on your use of the Service. We will inform you of any proposed modifications (e.g., by e-mail or through your account page on the Site) and you may terminate the Term of this agreement if you do not wish to accept them. Otherwise, such modifications and additional terms and conditions will be deemed accepted and incorporated into this agreement.
WARRANTIES AND INDEMNIFICATION By agreeing to this agreement, you confirm the following: You are at least eighteen (18) years old and, if you are signing as a songwriter, you are not bound by any exclusive songwriter, co-publishing, administration, or similar agreements concerning Your Interest in Compositions or songwriting services. The information you provide during Registration and thereafter is accurate and will remain so. You agree to promptly update any changes. You have the legal capacity and authority to enter and fulfill this agreement without requiring third-party consent. Your Compositions do not infringe upon any copyrighted work or violate any legal rights of third parties, including avoiding "samples" or portions of others' compositions. The Compositions are free from any claims, liens, or encumbrances. None of the Compositions are Non-Qualified Works. BANDS is not obligated to make payments related to Compositions' exploitation except as explicitly outlined here; any obligations to co-writers or licensors are your responsibility. You will not disrupt the Site or Services' functioning or engage in actions that unreasonably burden the Site's infrastructure. You have had the opportunity to seek legal advice regarding this agreement. You agree to defend, indemnify, and hold harmless BANDS and its affiliates from any third-party claims resulting from your breach of this agreement or actions taken by you or those acting on your behalf. You will reimburse BANDS for any indemnified payments.
MISCELLANEOUS Under no circumstances shall BANDS be held liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or data resulting from your use of the Site or the Service, even if BANDS is aware of the possibility of such damages. BANDS's liability to you, regardless of the cause or form of action, will always be limited to the amount you paid to BANDS for the Services, if any. The Site, Services, and related content are provided "as-is," and BANDS disclaims all warranties, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, or non-infringement. BANDS cannot guarantee any specific revenue or results from using the Site or Services. This agreement, along with the general terms of service for the BANDS website, Privacy Policy, and Registration, constitutes the entire agreement between BANDS and you regarding the Site and Services. BANDS may assign this agreement or its rights and obligations to third parties without notice. No waiver of any provision under this agreement shall affect either party’s rights thereafter. Neither party makes any other warranties or representations not expressly stated herein. If any part of this agreement is deemed invalid, it shall only affect the involved portion and not the rest of the agreement. You acknowledge that BANDS's exploitation of Compositions is speculative and waive any claims regarding potential higher earnings. BANDS does not guarantee uninterrupted or error-free use of the Site or Services and may suspend or cancel them at any time without notice.By registering and submitting electronically, you agree to be bound by and pay for the Services. This agreement is governed by Delaware law, and any disputes will be handled in Kent County, Delaware.
DEFINITIONS “Exploitation Period” for a Composition shall mean the later of (a) the end of the Term or (b) one (1) year after you submit the same to us. For example, if you submit a Composition on January 1st and the Term ends on February 1st of that year, then the Exploitation Period for that Composition shall continue until December 31st of that year. “Non-Qualified Works” shall mean: (i) works that are non-musical in nature, (ii) works that consist substantially of sound effects, so-called “sleep sounds” or “nature sounds”, (iii) spoken word works, (iv) works that are in the public domain and (v) any other works not accepted by any of BANDS’s third party partners or societies as qualifying musical works. “Registration” shall mean the online registration that you are required to complete in order to become a BANDS member, and the registration of Your Interest in the Compositions with the relevant performance rights organizations (e.g., ASCAP or BMI) and other licensing agencies (e.g., Mechanical Licensing Collective), and acceptance of same by such performance rights organization and agencies, in accordance with their then current rules, terms and conditions. “Services” shall mean the music publishing administration services provided to you by BANDS in each applicable Territory as selected by you during Registration (or updated by you from time to time during the Term via the Site). “Site” shall mean BANDS.com, the BANDS mobile app on the Apple App Store, and any subdomains and other BANDS branded web-based properties (and mobile apps or other mobile versions of same) owned and operated by BANDS. “Term” shall commence upon the date of your registration (your submission of a complete Registration and payment of the applicable registration fee) and shall continue (a) through the end of the calendar quarter during which we receive your valid cancellation notice in accordance with the provisions in the “Cancellation” section above or (b) until we terminate the Term as provided above. “Territory” shall mean the universe. “Your Share” shall mean your share of net sums of songwriter royalties as follows:
Mechanical: 85%
Public Performance Publisher Share: 75%
Public Performance Writers Share: 100%
Synchs: 85%
Other Income: 85%
BANDS End-User License Agreement (EULA)
For users who have enrolled in BANDS Publishing Administration services, the registrations submitted there would be registered to the mechanical collection societies (HFA, MLC, etc.) and performance rights organizations under an agreement these organizations have made with Us or third-party providers. This Section only applies to users who have enrolled in publishing administration contractually.
You expressly and irrevocably authorize Us to collect all incomes from the exploitation of End User Content through the Platform, including but not limited to author’s rights, performing and recording rights, any levy established by law for private copies, and/or for any other concept without limitation. For this purpose, We may ask You to sign a specific authorization letter of direction as solicited by the corresponding Performing Right Organization, which You undertake to provide as soon as requested by Us.
a. Ownership of Contributions. We do not claim any ownership rights in the Contributions that you upload through our BANDS uncollected Royalty Publishing Administration Service or our third-party publishing administration providers portal. After uploading your Contributions through the Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us and our third-party providers.
b. License to Contributions. By uploading Contributions using the Service, you grant BANDS and our third-party publishing administration provider a non-exclusive, fully-paid, royalty-free, sublicensable, and worldwide license to use, publicly display, reproduce, disseminate, and distribute the Contribution as necessary for us and our third-party provider to provide the Service. If you cancel your membership or we terminate your access to the Service, your Contributions and other information and data related to your user account will no longer be accessible through the Service, however, we may retain your Contributions in our archived files.
Service © 2024 BANDS CA INC d/b/a BANDS unless otherwise noted. All rights reserved.
Last Modified: Aug 26, 2024
*Important Information for Royalty Claims
The total dollar sums indicated herein may be subject to alteration based on recoupment status in the event of the existence or continuation of any pre-existing contractual arrangement with significant music labels, distribution entities, rights holders or similar organizations, pertaining to particular songs, records, or albums. It is imperative that you verify the status of your recoupment prior to pursuing the aforementioned amounts.
Please carefully review these Terms of Service (referred to as the "Agreement"). By accessing or utilizing the Service (defined below), including registering for a BANDS Account (defined below), you are demonstrating your acceptance of this Agreement.
This Agreement establishes the relationship between you (referred to as the "User" or "you" or "your") and BANDS CA Inc, operating as BANDS ("BANDS" or "we" or "us"), concerning your usage of the BANDS mobile software application (referred to as the "App") and associated websites (collectively encompassing any content and services available therein, as well as any future site(s) or application(s) related to it, referred to as the "Service"). Additionally, this Agreement integrates any supplementary terms and conditions provided by BANDS through the Service or otherwise shared with you by BANDS.
This Agreement incorporates a mandatory arbitration clause, as described further in Section 16 below, mandating the use of arbitration on an individual basis for dispute resolution, rather than resorting to jury trials, court proceedings, or class actions of any nature.
We reserve the right to modify this Agreement periodically by informing you of such changes through reasonable means, which may involve posting a revised Agreement within the Service. These alterations will not apply to any disputes between you and us that emerged prior to the date when we posted the updated Agreement that incorporates such adjustments or otherwise communicated these changes to you.
Your continued use of the Service subsequent to any revisions to this Agreement will constitute your acknowledgment and acceptance of these changes. The "Last Updated" label above specifies the date of the last modification to this Agreement. We retain the authority to modify or discontinue, without incurring liability, the entire or specific sections of the Service, adjust, waive, or impose any fees necessary for Service utilization, and offer opportunities to some or all Service users at any time.
1. Eligibility. To access or utilize the Service, you must belong to one of the following categories: a professional musician, producer, engineer, songwriter, manager of professional musicians or songwriters, music industry professional, or a company or organization in the music industry. You must also meet the eligibility criteria outlined below.
2. Age Requirement. When using the Service, you assert that you are at least 13 years old. If you are not of legal age to enter into this Agreement, you confirm that you have obtained the consent of your parent or guardian to enter into this Agreement, and your parent or guardian likewise agrees to abide by this Agreement. Please note that if you are under thirteen (13) years old, regardless of parental or legal guardian consent, you are not permitted to access or use the service.
3. Requirements for Organizations. If you are an individual accessing or using the Service on behalf of or for the benefit of any corporation or other organization (referred to as an "Organization"), you are entering into this Agreement on behalf of both yourself and the Organization. You also affirm that you possess the legal authority to bind the Organization to this Agreement. References to "you" and "your" in this Agreement pertain to both the individual using the Service and the Organization.
4. Requirements for Groups. In cases where you, as an individual or an Organization, access or use the Service not solely for your own benefit but also on behalf of or for the benefit of any other individual, band, or group of individuals (referred to as a "Group"), you are entering into this Agreement on behalf of yourself and the Group, which includes each member of the Group. You further affirm that you have and will continue to maintain the legal authority to bind the Group, including each member, to this Agreement. References to "you" and "your" in this Agreement encompass both the individual or Organization using the Service and the Group, including each member. Upon our request at any time, you will provide us with written confirmation from each member of the Group, demonstrating that you possess the legal authority to bind them to this Agreement and that they are bound by this Agreement. If any member of the Group does not meet the age requirement detailed in Section 1(a), and you are not their parent or guardian, you confirm and warrant that such member has secured parental or legal guardian consent to be bound by this agreement, and that the said parent or legal guardian has also agreed to be bound by this Agreement. However, it's important to reiterate that minors under the age of thirteen (13) are not allowed to access or use the service and cannot be included in a Group. Consequently, you must not access or use the service on behalf of or for the benefit of a minor under the age of thirteen (13) or any Group that includes such a minor.
5. Registration Process. To access all or a portion of the Service, you may be required to create a BANDS Account. It's important to note that each BANDS Account can only be linked to a single individual, Organization, or Group. Consequently, you can only register a BANDS Account for yourself or, where applicable, on behalf of your Organization or Group.
If you are registering a BANDS Account on behalf of an Organization or Group, you confirm and guarantee that you possess the authority to complete the BANDS Account registration for said Organization or Group. Please be aware that you are solely accountable for any use or misuse of your BANDS Account. In the event of a breach of confidentiality or unauthorized access to your BANDS Account, it is your responsibility to promptly notify us, not BANDS.
6. Text Message/Email Authorization. In order to register for a BANDS Account, we will request your phone number and/or email address, associated with a device capable of receiving electronic communications. As a part of our user authentication and security protocol, we will transmit a numerical code to the phone number and/or email address you provide during registration. To finalize your registration, you will be prompted to enter this numeric code.
For enhanced security, we may employ this process of sending a numeric code to your phone number and/or email and requesting input of the code each time you log in from an unrecognized device. By utilizing our service, you grant your consent to receive these numeric codes via text message or email at the specified phone number or email address, utilizing automated systems as necessary.
Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Should you wish to discontinue receiving electronic messages, you will need to cease your usage of the Service.
7. Integration with Third Party Services. We may offer you the option to link your BANDS Account with your personal, Organization, or Group accounts on specific third-party platforms and services (referred to as "Third Party Services" and their corresponding accounts as "Third Party Service Accounts"). It's essential to note that a single Third Party Service Account cannot be linked to more than one BANDS Account, and you are prohibited from connecting your BANDS Account with a Third Party Service Account already associated with another user's BANDS Account. If you belong to a Group, it is the sole responsibility of you and your fellow Group members, not BANDS, to determine which BANDS Account will be used to link to the Group's Third Party Service Accounts.
By linking your BANDS Account with one or more Third Party Service Accounts, you grant us authorization to access each Third Party Service Account through the respective Third Party Service, on behalf of yourself, your Organization, or your Group (as applicable). This access allows us to automatically retrieve, collect, store, process, and use any information, content, or materials associated with each Third Party Service Account ("Third Party Service Materials") to provide the Service. This may include analyzing, reformatting, and displaying Third Party Service Materials within the Service. Please be aware that Third Party Services may have their own terms and conditions, and by connecting your BANDS Account to any Third Party Service Account, you are solely responsible for complying with these terms and conditions.
For Organizations or Group members, it is your responsibility to determine who may access Third Party Service Account information and the extent to which it may be shared, ensuring compliance with the applicable Third Party Service terms and conditions. We do not operate or control Third Party Services, and we make no guarantees regarding their accessibility or availability. You are responsible for ensuring that your use of the Service in this manner complies with all relevant laws, regulations, and third-party terms and conditions, including those of Third Party Services. Please note that we are not liable for any third-party services or Third Party Service Accounts, and your interactions with third-party service providers are your responsibility. We do not endorse third-party services or the quality of their services for any specific purpose, nor do we verify the authenticity of any data you submit to us. If you wish to stop our access to specific Third Party Services, please email us at support@joinbands.co. However, doing so may impact the value of the Service to you.
The Service may offer functionality that allows access to information, products, services, and materials provided by third parties ("Other Third Party Materials"), including routing or transmission of such Other Third Party Materials via links. When you use this functionality, you are directing us to access, route, and transmit the applicable Other Third Party Materials to you.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety, nor do we guarantee any intellectual property rights associated with them. Some Third Party Materials may be inaccurate, incomplete, misleading, false, or deceptive. This Agreement does not constitute a representation or warranty by BANDS regarding any Third Party Materials. We are not obligated to monitor or review Third Party Materials, and we retain the right to remove, block, disable, or limit access to any Third Party Materials and/or Third Party Services at any time and for any reason. If such actions are taken, we will no longer access, retrieve, or process information from these Third Party Materials and/or Third Party Services on your behalf. Additionally, the availability of Third Party Materials through the Service does not imply our endorsement of or affiliation with any Third Party Materials provider, nor does it create any legal relationship between you and such provider. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials, such as terms of service or privacy policies provided by the Third Party Materials' providers.
8. Ownership and Limited License. The Service, including the App, along with all text, graphics, images, music, software, audio, video, information, or other materials provided through the Service (collectively referred to as "Content"), as well as the arrangement and selection of such Content, are the property of either us or our licensors. These materials are safeguarded by copyright and other intellectual property laws. All trademarks, service marks, trade names, and logos appearing on the Service belong to us and/or our licensors. You are prohibited from removing or altering any copyright, trademark, service mark, or other proprietary rights notices found on the Service or within any Content. We reserve all rights not explicitly granted in this Agreement.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and utilize the Service and Content strictly for your personal or internal business purposes as explicitly allowed by this Agreement. In the case of the App, your usage is also subject to the Usage Rules outlined in the Apple App Store Terms of Service. We retain all rights that are not expressly conferred in this Agreement. This license is contingent upon this Agreement and does not authorize you to partake in any of the following activities: (a) reselling or using the Service or Content for commercial purposes; (b) distributing, publicly performing, or publicly displaying any Content; (c) creating derivative works or modifications of the Service, Content, or any part thereof; (d) employing data mining, robots, or similar methods to gather or extract information; (e) downloading (except for page caching) any part of the Service, Content, or the information contained therein; (f) reverse engineering or accessing the Service or Content to develop a competing product or service; (g) using the Service or Content for purposes other than their intended use; (h) any use of the Service or Content in a manner not expressly permitted under this section.
Your failure to adhere to these limitations or any other provision within this Agreement may lead to the automatic termination of this Agreement, either at our sole discretion or following notice of termination from us. In such an event, you must promptly cease using or accessing the Service and Content and delete any downloaded Content copies. No rights, titles, or interests in the Service or any Content are transferred to you, and we reserve all rights not explicitly granted. Any use of the Service or Content not expressly authorized under this Agreement constitutes a breach of this Agreement and may infringe upon copyright, trademark, and other legal statutes.
9. Information Submission and Privacy Policy. When you submit information via the Service, it is subject to BANDS' Privacy Policy, accessible at https://joinbands.co/privacy (referred to as the "Privacy Policy"). You confirm and assure that any information you furnish while using the Service, including information linked to Third Party Services, is accurate and complete. Furthermore, you commit to maintaining and revising such information as required.
10. Service Jurisdiction and Availability. The Service is managed and run from the United States, with no intention to bring BANDS under the jurisdiction or laws of any non-U.S. territory. It's possible that the Service may not be suitable or accessible for use in certain non-U.S. regions. Your utilization of the Service is at your own discretion, and you are responsible for adhering to all relevant laws and regulations. We maintain the right to restrict access to the Service, either in part or entirely, to individuals, specific geographic regions, or jurisdictions, as we see fit, at any time.
11. User Conduct. User Conduct and Service Usage Restrictions:
You agree not to use the Service in a way that:
• Violates any applicable laws or regulations.
• Infringes the rights of any third party, including intellectual property, privacy, publicity, or personality rights.
• Is fraudulent, false, misleading, or deceptive.
• Is defamatory, obscene, pornographic, vulgar, or offensive.
• Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
• Is violent or threatening or promotes violence or actions that threaten others.
• Harms minors, including uploading Child Pornography.
• Promotes illegal or harmful activities or substances.
• Violates this Agreement.
Additionally, you agree not to:
• Use the Service for any commercial purpose or benefit third parties or charge any person for its use.
• Reproduce, duplicate, copy, sell, trade, resell, or exploit any portion of the Service or your access to it for commercial purposes.
• Use the Service to post, transmit, distribute, or solicit content containing harmful computer programs.
• Exploit or harm minors by exposing them to inappropriate content or requesting personally identifiable information.
• Use the Service in a way that adversely affects its performance, infringes on copyrights or trademarks, or violates the rights of others.
• Use automated systems to access the Service excessively.
• Collect personally identifiable information, including Account names, from the Service.
• Frame or mirror any part of the Service without prior written consent.
• Create a false identity or impersonate others, including making false statements about your qualifications.
• Create User Content containing advertisements, solicitations, spam, or unsolicited messages.
• Engage in any other conduct that restricts or inhibits others from using the Service or exposes BANDS or any third party to liability or harm.
Although we have no obligation to screen, edit, or monitor User Content, we reserve the right to remove, screen, or edit User Content posted or stored on the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Service at your sole cost and expense. Any use of the Service in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the Service.
We are not responsible for the accuracy or credibility of any User Content on the Service and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on the Service. Through your use of the Service, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues, and foreign nationals. By using the Service, you assume all associated risks, and BANDS has no responsibility or liability for any such communication or activity. BANDS may not be held liable or responsible for any damages or harm arising out of or related to your use of the Service.
We may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for BANDS. We may access, preserve, and disclose your User Content and any other information if we believe in good faith that such access, preservation, or disclosure is necessary to comply with legal process or governmental requests (such as a subpoena or court order), enforce this Agreement, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security, or technical issues, or protect the rights, property, or safety of BANDS, its users, or the public.
12. User Feedback. If you offer us any ideas, proposals, suggestions, or other materials ("Feedback"), whether related to the Service or any other matter, you acknowledge and agree that this Feedback is not confidential. You provide this Feedback voluntarily, without any obligation or restriction, and it does not create any fiduciary or similar obligation for BANDS. BANDS can use any Feedback you provide without the obligation to compensate you or any third party.
13. Monitoring. We retain the right (but are not obligated) to oversee, scan, intercept, inspect, assess, store, transcribe, modify, or delete any information (including messages, data, content, or other materials transmitted to you or by you as part of the Services or their features), at any stage, including during transmission, before and after storage, or when it becomes available through the Services. We may also scrutinize, assess, or evaluate your use of the Services, whether manually, through automated methods, or by other means, for any reason, including those outlined in the Privacy Policy.
14. Proprietary Rights of BANDS. The Service is our exclusive property, safeguarded by proprietary rights and applicable laws. Our trade names, trademarks, and service marks, including BANDS and associated logos, are part of our intellectual property. Any trade names, trademarks, service marks, or logos on the Service that we don't own belong to their respective owners. You are not permitted to use our trade names, trademarks, service marks, or logos in connection with any product or service not provided by us, or in a way that may lead to confusion. Nothing within the Service should be interpreted as granting the right to use any trade names, trademarks, service marks, or logos without the explicit prior written consent of the owner.
15. Warranties Disclaimer. To the maximum extent permitted by applicable law: (a) The Service, including your BANDS Account, and any Third Party Service Materials are provided to you on an "As Is," "Where Is," and "Where Available" basis, without any warranties, whether express, implied, or statutory. (b) BANDS explicitly disclaims all warranties concerning the Service and any Third Party Service Materials, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and title. Providers of Third Party Services may offer limited representations and/or warranties regarding their Third Party Services and/or Third Party Service Materials; please consult with these providers for further details. We do not assert or guarantee that the Service or Third Party Materials will be accurate, complete, error-free, or up-to-date. All disclaimers (including those in this section and elsewhere in this Agreement) are intended for the benefit of both BANDS and its affiliates, including directors, officers, employees, agents, representatives, licensors, and service providers (collectively referred to as "Affiliated Entities"), as well as their successors and assigns. While we strive to maintain the timeliness, integrity, and security of the Service, we cannot guarantee that the Service will remain updated, complete, correct, or secure, or that access to the Service will be uninterrupted. The Service may contain inaccuracies, errors, and materials that violate or conflict with this Agreement.
16. Limitation of Liability. To the maximum extent allowed by applicable law: (a) BANDS shall not be responsible for any indirect, incidental, consequential, special, exemplary, or punitive damages of any nature, whether under contract, tort (including negligence), strict liability, or any other theory. Such damages may encompass loss of profits, diminution or reduction in asset valuation, use of data, as well as the loss of other intangible assets, even if the possibility of such damages or losses was advised in advance. (b) Without limiting the above, BANDS shall not be held liable for any damages arising from your use of or inability to use the Service or Third Party Service Materials, including damages that may result from any transmitted viruses. (c) Your exclusive remedy for dissatisfaction with the Service or Third Party Service Materials is to discontinue using the Service.(d) BANDS' maximum cumulative liability for all damages, losses, and causes of action, whether in contract, tort (including negligence), or any other legal theory, shall be the greater of (I) Ten Dollars ($10.00) or (II) the total amount, if any, paid by you to BANDS for the use of the Service.
All limitations of liability, including those in this section and elsewhere in this Agreement, are established for the benefit of both BANDS and the Affiliated Entities, along with their respective successors and assigns.
17. Indemnity. To the maximum extent allowed by applicable law, you hereby agree to defend, indemnify, and hold BANDS, the Affiliated Entities, and their respective successors and assigns, harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys' fees). These claims, liabilities, and expenses arise from or are related to: (a) Your utilization of, or involvement with, the Service, including the utilization of Third Party Service Accounts connected to your BANDS Account and your interaction with Third Party Services in connection with the Service.(b) Any actual or alleged violation of this Agreement by you. (c) If you are part of a Group (including managing a Group), any disputes or alleged disputes that may arise among Group members (including yourself) concerning your BANDS Account or the Service. This encompasses issues related to access or usage of the Service.
18. Termination. This Agreement will remain in effect until it is terminated. BANDS reserves the right to terminate or suspend your use of the Service at any time and without prior notice, for any reason or no reason at all. This includes situations where BANDS believes that you have violated the terms of this Agreement or have acted in a manner inconsistent with its principles.
Upon such termination or suspension, your ability to use the Service will immediately cease. BANDS may, without any obligation or liability to you or any third party, promptly deactivate or remove your username, password, and account, along with all associated materials. BANDS is not obliged to grant any further access to these materials following termination. Certain sections of this Agreement will continue to apply even after its expiration or termination.
19. Governing Law; Dispute Resolution. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, regardless of your location.
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BANDS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT BANDS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. The Commercial Arbitration Rules are available online at: https://adr.org/sites/default/files/Commercial%20Rules.pdf In-person appearances will be held in Los Angeles County, California State. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. With respect to Groups, any and all disputes regarding a BANDS Account and/or the Service (including any access to or use thereof) between or among members of a Group must be handled directly among the members of such Group. You agree that all such disputes shall be addressed and without our involvement, that we will not be a party to any such dispute and that we shall have no liability or obligation to assist in any such dispute (for purposes of clarification, and without limiting our rights and remedies hereunder, any effort to bring us into any such dispute will be subject to this Section 16). This Agreement shall constitute the entire agreement between you and BANDS concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and BANDS's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. BANDS reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND BANDS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. User Content. The Service allows users to upload, publish, display, link to, or otherwise share content, including text, data, software, music, sound, photographs, graphics, video, or other materials ("User Content"). By posting User Content in connection with the Service, you affirm, represent, and warrant that you have the necessary licenses, rights, consents, and permissions to do so, and you grant BANDS a license to use your User Content on the Service as described in this Agreement.
Additionally, you confirm that you have obtained written consent, releases, and permissions from all identifiable individuals featured in your User Content to use their name, voice, photograph, likeness, or other attributes as part of your User Content in compliance with this Agreement. You are responsible for any royalties, fees, or other payments due to any person because of your User Content on the Service.
While you retain ownership rights in your User Content, you grant BANDS and other Service users a limited, non-exclusive, fully paid, royalty-free, sublicensable, and worldwide license to use, copy, modify, distribute, and display your User Content in connection with the Service. This license will terminate when your User Content is removed from the Service.
You acknowledge that BANDS does not guarantee the confidentiality of any User Content you submit. You agree not to submit any User Content unless you have the legal right to do so under this Agreement and that it does not violate third-party copyrights or proprietary rights.
While BANDS is not obligated to screen User Content, we reserve the right to remove, screen, or edit User Content posted on the Service at our discretion. You are responsible for creating backups and replacing any User Content you post on the Service.
We are not responsible for the accuracy or credibility of User Content on the Service and do not assume liability for any actions resulting from reading User Content. Your use of the Service may expose you to content that you find objectionable, inaccurate, or harmful, and you assume all associated risks.
BANDS may take actions regarding User Content, including removal or suspension of user rights, if we believe it violates this Agreement or infringes on intellectual property rights, threatens user safety, or could create liability for BANDS. We may access, preserve, and disclose User Content and other information to comply with legal requirements, enforce this Agreement, address fraud or security issues, or protect the rights and safety of BANDS, users, or the public.
21. Communications. Your interactions with BANDS involve electronic communications, whether through the Service, email exchanges, or notifications posted on the Service. For contractual matters: (a) You acknowledge and accept the receipt of electronic communications from BANDS. (b) You agree that all terms, agreements, notices, disclosures, and other communications provided to you by BANDS in electronic form meet the legal requirements, just as if they were in a traditional written format. This acknowledgment does not affect any rights that cannot be waived.
22. Export Regulations. It is your responsibility to adhere to the export regulations of the United States. This includes compliance with U.S. embargoes and any federal statutes or regulations that limit exports. By using the Service, you affirm, guarantee, and commit to the following: (a) You are not residing in, nor are you a national or resident of, a country that is under U.S. government embargo or any similar restriction, nor have you been identified by the U.S. government as supporting terrorism. (b) You are not listed as a restricted end user on any U.S. government lists.
23. Miscellaneous Terms. You are responsible for acquiring, maintaining, and covering the costs of all necessary hardware and telecommunication services required for using the Service. We do not guarantee continuous, uninterrupted, or secure access to the Service, as its operation may be affected by factors beyond our control. The availability of the Service may vary depending on your geographical location, and we reserve the right to modify or discontinue any feature of the Service at our discretion. During the term of these Terms:(a) You agree to participate in case studies and similar marketing initiatives as reasonably requested by BANDS. (b) BANDS may publicly acknowledge that you are a BANDS customer. (c) BANDS may use your testimonials, feedback, name, website URL, use case, logo, and other marks in BANDS' website, case studies, marketing materials, conference presentations, and other promotional materials.
This Agreement does not establish a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and BANDS. You acknowledge that the Service, including any Third Party Services or Materials, does not provide financial advice, and BANDS does not act as a financial advisor. If any provision of this Agreement is deemed unlawful, void, or unenforceable, it will not affect the validity and enforceability of the remaining provisions. You may not assign or transfer your rights or obligations under this Agreement without our express written consent, while we may do so without restriction. No waiver of any breach or default under this Agreement shall be deemed a waiver of any subsequent breach or default. Any headings or section titles are for convenience and do not define or explain any section or provision.
All singular terms defined herein have the same meaning in the plural form, as appropriate, unless specified otherwise. The use of "including" or similar terms in this Agreement should be interpreted as "without limitation." This Agreement, including any incorporated terms and conditions, constitutes the entire agreement between you and BANDS regarding its subject matter and supersedes any prior written or oral agreements. Notices to you, including changes to this Agreement, may be provided through the Service, email, or regular mail. A printed version of this Agreement and any electronically delivered notice shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records in printed form. BANDS shall not be held responsible for any failure to fulfill obligations due to causes beyond its control.
24. Apple-Specific Terms. Apple-Specific Terms: In addition to your agreement with the preceding terms and conditions, the following provisions specifically pertain to your use of any version of the App compatible with Apple Inc.'s iOS operating system ("Apple"). Please note that Apple is not a party to this Agreement, does not own the App, and is not responsible for it. Apple does not provide any warranty for the App, except for potential refunds of the purchase price. Maintenance and support services for the App are not the responsibility of Apple, and Apple is not liable for any claims, losses, liabilities, damages, costs, or expenses related to the App. This includes third-party product liability claims, claims regarding App compliance with legal or regulatory requirements, claims under consumer protection or similar laws, and claims related to intellectual property infringement.
Any inquiries or complaints regarding App use, including those concerning intellectual property rights, should be directed to BANDS as outlined in the "Information or Complaints" section above. The license granted to you is limited to a non-transferable license for using the App on an Apple-branded product running Apple's iOS operating system, which you own or control. This usage must also comply with Apple's App Store Terms of Service's Usage Rules and any other applicable third-party agreements, such as your wireless data service agreement.
Apple and its subsidiaries are considered third-party beneficiaries of this Agreement. By accepting these terms and conditions, you acknowledge and agree that Apple and its subsidiaries have the right (and will be deemed to have accepted that right) to enforce this Agreement against you as third-party beneficiaries. It's important to note that BANDS' right to enter into, rescind, or terminate any variations, waivers, or settlements under this Agreement is not contingent upon the consent of any third party.
25. Violations. Any violations of this Agreement can be reported to us at support@joinbands.co. Please contact us at support@joinbands.co with any questions regarding this Agreement.
26. Data Retention, Deletion, & Data Subject Subject Access Requests (DSARs) By creating a BANDS account, you provide consent for BANDS to collect and store specific personal data, including but not limited to Royalty Earnings from Streaming Services, Track Registrations, and other related user data. This consent allows us to retain and process your data to ensure the ongoing functionality of our services.
If you choose to delete your BANDS account in the Profile Settings section of the BANDS app, this action will be interpreted as a withdrawal of the consent previously provided. Upon receiving such a withdrawal, we will initiate the deletion of your personal data within 30 days, unless retaining the data is necessary for legitimate business purposes, such as paying out publishing administration royalties, compliance with legal obligations, fraud prevention, or other essential functions.
Following applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), you have the right to request the deletion, modification, or transfer of your data at any time. You may do so by contacting us via email (support@joinbands.co) or through our web submission form: https://www.joinbands.co/delete-my-data. Upon receiving a valid request, we will confirm the request within 10 business days and complete the deletion, modification, or transfer of your data within 30 days.
Please be aware that if you do not submit a formal deletion request or delete your BANDS account, and instead only delete the BANDS app or cancel your subscription, your personal data will be retained in our systems. This retention is part of our standard business practices, which allow us to provide ongoing services, such as enabling you to re-download the app or access free features that do not require a subscription. We are committed to safeguarding your data, and it will remain securely stored unless you explicitly request its deletion or choose to delete your account permanently.
If we are unable to comply with your request within the specified timeframe due to legal obligations or other exceptional circumstances, we will notify you and provide a revised timeline for completion.
27. Effective Date. This Agreement was last updated on May 13, 2024. This is a comprehensive legal document that sets forth the terms and conditions governing the utilization of the BANDS service. It encompasses a wide array of aspects, including user behavior, content ownership, warranty disclaimers, liability restrictions, indemnification, and more. It is crucial for users of the service to thoroughly review and grasp this agreement before engaging with the platform, as it delineates the rights and obligations of both users and the service provider. Should you require specific clarifications or additional information, please don't hesitate to contact us at support@joinbands.co
PUBLISHER ADMINISTRATION SERVICES AGREEMENT (MELODY)
Aug 26, 2024
You and BANDS CA INC (“BANDS” or “us”) both acknowledge that your use of the Publisher Administration Services (as defined below) is contingent upon your acceptance of the terms outlined in this agreement (the “agreement”). This agreement encompasses the specific terms for accessing and using the Site, in addition to our general website terms of service (here), privacy policy (here), and End User License Agreement (below), collectively forming a binding agreement between you and BANDS. By proceeding to create an Account for Publisher Administration and utilizing the Services (the “Services”), you are expressing your agreement to these terms. If you are not in agreement with any aspect of this agreement, please refrain from registering for or using the Services. Furthermore, if you are representing other people or an entities, you confirm that you have the authority to bind them to this agreement. As used herein, the term “you” includes all such people and entities.
GRANT OF RIGHTS During the Term, you grant BANDS, its successors, licensees, and assigns exclusive rights for managing, promoting, and collecting royalties within the Territory with respect to one hundred percent (100%) of all your right, title and interest (“Your Interest”) in the musical compositions you submit to BANDS via the Site, with the exception of Traditional Sync Licensing, which rights are retained by you, and any other Services you choose to opt-out of via your Account (collectively referred to as the “Exclusions”).
This includes registering your compositions with performance rights organizations and other licensing agencies as needed, granting performance and licensing permissions, including, without limitation, the right to grant so-called “direct” performance licenses (including the writer’s share of performance), reproducing and distributing your compositions in various formats, administering blanket licenses, handling associated royalties, making or causing to be made, and licensing others to make, master recordings, phonograph records, digital downloads (including so-called limited, conditional or tethered downloads), streams (interactive and non-interactive), ringtones, podcasts, soundtracks, transcriptions, pressings and any other mechanical, physical, or other reproductions of the Compositions, in whole or in part, without limitation, the right to grant third-party licenses authorizing sampling or interpolation of the Compositions, and to use, manufacture, license, sell, advertise, or otherwise exploit such reproductions for any and all purposes and any and all media, including, without limitation, public and private performances, television, radio, motion pictures, phonograph records, streaming services, karaoke services, jukebox services, background music services and any and all other means and devices, whether now known or hereafter conceived or developed. To grant, administer and collect under blanket audio-visual licenses, including “micro sync” licenses as that term is understood in the U.S. music publishing industry, and blanket audio-only licenses (collectively, “Blanket Licenses”).
Blanket Licenses include, and are not limited to, licenses for use of Compositions (or portions thereof, including lyrics or metadata) in videos, “art tracks,” on-site advertising and other audio-visual content on social media platforms, within user-generated videos, slideshows, presentations and similar multimedia projects, in software apps or digital environments and/or experiences, and on video sites and services, as well as digital fitness programs and Web3 platforms. BANDS’s rights with respect to Blanket Licenses also include, without limitation, the rights to synchronize the Compositions in timed relation with audiovisual content available on such services and to create derivative works of the Compositions through features made available by such platforms. To print, publish, sell and multiply, and to authorize others to print, publish, sell and multiply, copies of the Compositions, in all forms.
At your request or with your permission, to substitute new titles for any of the Compositions, and to make any arrangement, adaptation, translation, dramatization or transposition of any of the Compositions or of the titles, lyrics or music thereof, in whole or in part, and in connection with any other musical, literary or dramatic material, and to add new lyrics to the music of any Composition or new music to the lyrics of any Composition, and to prepare derivative works based on the Compositions, regardless of any so-called "moral rights". Furthermore, you authorize us to manage credit data and metadata associated with your compositions, sublicense rights to third parties, and handle legal matters related to your compositions unless otherwise specified. We also have the discretion to participate in group actions or settlements on your behalf for royalty recovery.
Throughout our partnership and even after its conclusion, we will continue to collect and distribute royalties earned during the agreed-upon periods, taking into account any necessary deductions for expenses incurred. Upon your request or approval, we may use your name, biographical information, and likeness for marketing and promotional purposes related to the Site, our Services, and the compositions covered by this agreement. You acknowledge that certain licenses may extend beyond the specified term and territory, and you authorize us to enter into such agreements on your behalf.
APPROVALS Failure to respond to a request within ten (10) business days from the date of the request will be considered as approval for the relevant use, as required by this agreement.
YOUR ACCOUNT As part of the Registration process, you'll need to choose a unique user name and password for your Account and provide BANDS with accurate and complete registration details to access the Services. This includes information like a valid email address, your name, age, postal address, phone number, photo identification, social security number, tax ID number, or payment details. Additionally, you may need to submit a tax form verified by BANDS or its third-party payment processor(s), along with any requested updates or other information reasonably asked for by BANDS. Failure to provide this information or updates may lead to payment delays or Account cancellation. It's important to keep your user name, password, and Account information confidential and secure, as you are solely responsible for any activity and charges incurred through your Account. If there are changes to your registration information or if you suspect unauthorized use of your password, please notify BANDS immediately at support@joinbands.co.
Please note that any materials (whether physical or digital) submitted to BANDS will not be returned. You cannot transfer or assign your account, rights, obligations, or interests under this agreement to anyone else without written agreement from BANDS. Any attempt to do so without proper consent will be considered void and ineffective from the start, and any transfers of Your Interest in compositions will still be subject to this agreement during the specified Term and Exploitation Period.
SUBMITTING COMPOSITIONS After completing Registration, you have the option to submit numerous Compositions for BANDS to manage under the Services and in accordance with this agreement. When submitting Compositions, you may be asked to provide ISWCs, ISRCs, or other identification codes, along with your percentage copyright interest that constitutes Your Interest for each Composition. By submitting Compositions to BANDS, you affirm that the ownership percentage information provided is accurate and current. BANDS shall not be held liable for any inaccuracies or fraudulent information in the Compositions submitted to us. You are solely responsible for any financial audits or penalties arising from inaccurate data submissions. Upon BANDS's request, you must complete and deliver any necessary documents related to the rights granted to BANDS in the Compositions. Failure to do so within ten (10) business days of BANDS's request may result in BANDS signing such documents on your behalf or Account cancellation at BANDS's discretion. BANDS retains the right to refuse administration (or revoke administration) of any Compositions or other content provided as part of the Services for various reasons, including if such content is considered objectionable, violates this agreement or any third-party licensee terms and conditions, is a Non-Qualified Work, infringes on third-party rights, is fraudulent, or for any other valid business reason determined by BANDS.
BANDS FEES In consideration of the Services rendered hereunder, you shall be obligated to pay to BANDS the fees described in the relevant Registration (“Registration Fee”). If you or BANDS terminate this Agreement for any reason, you will not be entitled to reimbursement of the Registration Fee.
PAYMENTS BANDS will compensate you with Your Share of “Net Sums,” which refers to all funds received by BANDS in the United States directly related to exploiting Your Interest in the Compositions. This compensation is reduced by actual, reasonable costs incurred by BANDS specifically for exploiting the Compositions and collecting income, including any required tax deductions and payments to international licensees if applicable (income received by or attributed to BANDS due to Compositions' exploitation in the United States is calculated “at source”). BANDS will retain the remaining Net Sums as its administration fee. If BANDS suspects that your Account has been involved in fraudulent, infringing, or illegal activities violating this agreement, including submitting Non-Qualified Works for administration, BANDS reserves the right to stop posting Net Sums to your account and block fund withdrawals until a satisfactory resolution or explanation is provided, at BANDS's discretion. In cases where Fraudulent Activities are identified or reported concerning the Compositions, you agree to forfeit such Net Sums, and any costs incurred by BANDS may be deducted from your payments under this agreement, in addition to other remedies available to BANDS. BANDS's licensees may also have policies regarding suspected or actual Fraudulent Activities, which you agree to abide by under this agreement.
ACCOUNTING While we will provide daily access to your interim account information via the Site and your Account, formal accountings as to Net Sums payable by BANDS to you hereunder shall be made to you via your Account on a quarterly basis, together with payment of accrued Net Sums, if any, earned by you during such quarterly period. If the total Net Sums owed to you for any given period are less than Twenty-Five U.S. Dollars ($25), we may carry these payments forward to the next accounting period where the owed amount exceeds this threshold. Any statements or accountings provided by BANDS are considered binding and cannot be objected to unless a specific written objection, stating the basis, is submitted to BANDS within one (1) year from the statement's date. Statements and payments will be delivered as per the instructions in the Registration. Generalized objections, such as claims of over-reporting deductions or underreporting income, will not be considered valid objections.
CANCELLATION The Term spans two (2) years, and your participation in the Service will automatically continue beyond the term until you submit a cancellation request to support@bands.co. The cancellation will take effect at the end of the current calendar quarter upon receiving the notice, subject to our rights for post-Term Exploitation Period and post-Exploitation Period collections, along with the regulations of relevant rights organizations. Once Registration Fees are paid, they are non-refundable, and you are responsible for all associated charges, fees, taxes, and assessments resulting from your Account's usage. Failure to comply with this agreement's provisions, as determined by BANDS, may result in the termination of this agreement and/or your Account without prior notice. In such cases, you are responsible for any outstanding amounts up to the termination date. We reserve the right to terminate the Term if we cease providing the Services or for any other valid reason.
CHANGES BANDS reserves the right at any time to modify this agreement and to impose new or additional terms or conditions on your use of the Service. We will inform you of any proposed modifications (e.g., by e-mail or through your account page on the Site) and you may terminate the Term of this agreement if you do not wish to accept them. Otherwise, such modifications and additional terms and conditions will be deemed accepted and incorporated into this agreement.
WARRANTIES AND INDEMNIFICATION By agreeing to this agreement, you confirm the following: You are at least eighteen (18) years old and, if you are signing as a songwriter, you are not bound by any exclusive songwriter, co-publishing, administration, or similar agreements concerning Your Interest in Compositions or songwriting services. The information you provide during Registration and thereafter is accurate and will remain so. You agree to promptly update any changes. You have the legal capacity and authority to enter and fulfill this agreement without requiring third-party consent. Your Compositions do not infringe upon any copyrighted work or violate any legal rights of third parties, including avoiding "samples" or portions of others' compositions. The Compositions are free from any claims, liens, or encumbrances. None of the Compositions are Non-Qualified Works. BANDS is not obligated to make payments related to Compositions' exploitation except as explicitly outlined here; any obligations to co-writers or licensors are your responsibility. You will not disrupt the Site or Services' functioning or engage in actions that unreasonably burden the Site's infrastructure. You have had the opportunity to seek legal advice regarding this agreement. You agree to defend, indemnify, and hold harmless BANDS and its affiliates from any third-party claims resulting from your breach of this agreement or actions taken by you or those acting on your behalf. You will reimburse BANDS for any indemnified payments.
MISCELLANEOUS Under no circumstances shall BANDS be held liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or data resulting from your use of the Site or the Service, even if BANDS is aware of the possibility of such damages. BANDS's liability to you, regardless of the cause or form of action, will always be limited to the amount you paid to BANDS for the Services, if any. The Site, Services, and related content are provided "as-is," and BANDS disclaims all warranties, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, or non-infringement. BANDS cannot guarantee any specific revenue or results from using the Site or Services. This agreement, along with the general terms of service for the BANDS website, Privacy Policy, and Registration, constitutes the entire agreement between BANDS and you regarding the Site and Services. BANDS may assign this agreement or its rights and obligations to third parties without notice. No waiver of any provision under this agreement shall affect either party’s rights thereafter. Neither party makes any other warranties or representations not expressly stated herein. If any part of this agreement is deemed invalid, it shall only affect the involved portion and not the rest of the agreement. You acknowledge that BANDS's exploitation of Compositions is speculative and waive any claims regarding potential higher earnings. BANDS does not guarantee uninterrupted or error-free use of the Site or Services and may suspend or cancel them at any time without notice.By registering and submitting electronically, you agree to be bound by and pay for the Services. This agreement is governed by Delaware law, and any disputes will be handled in Kent County, Delaware.
DEFINITIONS “Exploitation Period” for a Composition shall mean the later of (a) the end of the Term or (b) one (1) year after you submit the same to us. For example, if you submit a Composition on January 1st and the Term ends on February 1st of that year, then the Exploitation Period for that Composition shall continue until December 31st of that year. “Non-Qualified Works” shall mean: (i) works that are non-musical in nature, (ii) works that consist substantially of sound effects, so-called “sleep sounds” or “nature sounds”, (iii) spoken word works, (iv) works that are in the public domain and (v) any other works not accepted by any of BANDS’s third party partners or societies as qualifying musical works. “Registration” shall mean the online registration that you are required to complete in order to become a BANDS member, and the registration of Your Interest in the Compositions with the relevant performance rights organizations (e.g., ASCAP or BMI) and other licensing agencies (e.g., Mechanical Licensing Collective), and acceptance of same by such performance rights organization and agencies, in accordance with their then current rules, terms and conditions. “Services” shall mean the music publishing administration services provided to you by BANDS in each applicable Territory as selected by you during Registration (or updated by you from time to time during the Term via the Site). “Site” shall mean BANDS.com, the BANDS mobile app on the Apple App Store, and any subdomains and other BANDS branded web-based properties (and mobile apps or other mobile versions of same) owned and operated by BANDS. “Term” shall commence upon the date of your registration (your submission of a complete Registration and payment of the applicable registration fee) and shall continue (a) through the end of the calendar quarter during which we receive your valid cancellation notice in accordance with the provisions in the “Cancellation” section above or (b) until we terminate the Term as provided above. “Territory” shall mean the universe. “Your Share” shall mean your share of net sums of songwriter royalties as follows:
Mechanical: 85%
Public Performance Publisher Share: 75%
Public Performance Writers Share: 100%
Synchs: 85%
Other Income: 85%
BANDS End-User License Agreement (EULA)
For users who have enrolled in BANDS Publishing Administration services, the registrations submitted there would be registered to the mechanical collection societies (HFA, MLC, etc.) and performance rights organizations under an agreement these organizations have made with Us or third-party providers. This Section only applies to users who have enrolled in publishing administration contractually.
You expressly and irrevocably authorize Us to collect all incomes from the exploitation of End User Content through the Platform, including but not limited to author’s rights, performing and recording rights, any levy established by law for private copies, and/or for any other concept without limitation. For this purpose, We may ask You to sign a specific authorization letter of direction as solicited by the corresponding Performing Right Organization, which You undertake to provide as soon as requested by Us.
a. Ownership of Contributions. We do not claim any ownership rights in the Contributions that you upload through our BANDS uncollected Royalty Publishing Administration Service or our third-party publishing administration providers portal. After uploading your Contributions through the Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us and our third-party providers.
b. License to Contributions. By uploading Contributions using the Service, you grant BANDS and our third-party publishing administration provider a non-exclusive, fully-paid, royalty-free, sublicensable, and worldwide license to use, publicly display, reproduce, disseminate, and distribute the Contribution as necessary for us and our third-party provider to provide the Service. If you cancel your membership or we terminate your access to the Service, your Contributions and other information and data related to your user account will no longer be accessible through the Service, however, we may retain your Contributions in our archived files.
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