BandFriend is a social network for musicians and is operated by touchbee Solutions and consists of the BandFriend website ( bandfriendapp.com ) and the BandFriend mobile app for various platforms. BandFriend may be accessed through the Internet, as well as through other WAP services provided by mobile networks.
Acceptance of Terms of Service (Terms)
These Terms govern the access and use of the BandFriend services. By accessing or using BandFriend services, you signify that you have read, agreed to and are bound by these Terms, whether or not you register with BandFriend. Your access to and use of BandFriend is conditioned on the acceptance of these Terms. If you do not agree with these Terms, you should not use BandFriend in any way. Where applicable by law, these Terms constitute a writing signed by you. These Terms are written in English. Therefore, to the extent these Terms are translated, the English version takes precedence, when there is a conflict between the English and translated versions.
These Terms apply to your use of our website and services. We may attempt to notify you of updates to these Terms; however, it is your responsibility to review updated Terms on the BandFriend website ( bandfriendapp.com ). If you would like a printable copy of these Terms for reference, it is your responsibility to print a copy.
Changes to Terms
touchbee Solutions can modify these Terms at any time. Such changes are effective immediately when posted on the BandFriend website. Registered Users may be notified of changes at the time of log in; however, you have the ultimate responsibility to review the Terms on the BandFriend website for changes. Further, if a modification is unacceptable to you, you must stop using BandFriend services immediately.
We do not claim any ownership rights in any content that you submit, post, or display through BandFriend. After submitting, posting or displaying uploaded data on or through BandFriend, you continue to retain all ownership rights in such content. However, by submitting, posting, or displaying Contents on BandFriend, you grant BandFriend and its agents and assigns, a limited and royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Contents in connection with BandFriend or the promotion thereof. Without this license, it is not possible to provide you with BandFriend services. Your use of BandFriend services shall be deemed to be an express agreement with these Terms.
touchbee Solutions is free to use the Users feedback, without limitation, to improve our products and services and creating derivative technologies. touchbee Solutions shall not be limited in any way of its use, commercial or otherwise, of any Feedback and touchbee Solutions shall not owe you or any other person any compensation for the use of this Feedback.
Intellectual Property Rights
As between you and us, we own and retain all rights in BandFriend and the BandFriend website, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including and without limitation all (a) images (b) text, (c) captions, (d) software, (e) photos, (f) data, (g) graphics, (h) audio, (i) video, (j) page layout, (k) communications, (l) design and (m) other media information presented through and as part of BandFriend.
All trademarks, service marks and trade names are proprietary of touchbee Solutions or their respective owners. You may not use our trademarks or any other confusingly similar marks, without written permission. Nothing in these Terms give you a right to use the BandFriend name, trademarks or domain name. Further, you agree not to remove, obscure, or alter our trademarks or other proprietary markings. All rights are reserved by us.
You may not copy, modify, publish, transmit, distribute, perform, display, or sell any BandFriend proprietary information. You agree that content contained in advertisements presented on the BandFriend website or associated with other BandFriend services is protected by laws applicable to copyrights, trademarks, service marks, patents, or other proprietary rights.
You may not modify, reproduce, distribute, publish, license, create derivative works from or sell any information or software associated with BandFriend, without first obtaining our written permission.
You will be liable for damages resulting from any infringement of copyright, trademark, or other proprietary right, and any and all harm resulting from your use of or access to BandFriend. Except for content (defined as any images, captions, design elements, software, text, data, graphics, photos, audio, video, communications or other media or information that can be accessed through the services) that is owned by you or that you are otherwise authorized to use, or as expressly permitted under these Terms, you agree not to:
a. modify, publish, transmit, distribute, perform, sell, or create derivative works based on the Content of BandFriend services;
b. rent, lease, loan, or sell access to BandFriend; or
c. decompile, reverse engineer or copy any Content (other than your Content) or BandFriend services.
Access to the BandFriend Site
BandFriend registered Users are required to provide certain registration information including a valid email address, a username and a password. Additional information will be requested by us and may be provided by you. It is a condition of use of the BandFriend website and BandFriend services, that all provided information is correct, current, and complete. If information provided is not correct, current, or complete, we have the right to deny access to this website, or to any of its resources and services, and to terminate or suspend your access at any time.
By registering for BandFriend, you represent that you are at least 13 years of age and have the capacity to understand, agree to and comply with these Terms.
BandFriend Users may be required to provide a valid email address, a username, and password. Users may not create usernames that are protected by trademark or copyright laws, are offensive or inappropriate, or otherwise impersonate someone else. BandFriend may, at its sole discretion, refuse to grant such usernames or revoke the right to use any username.
We encourage you to select a strong password containing a combination of upper and lower case letters, numbers and symbols. Further, it is your responsibility to safeguard your access to BandFriend services. We are not liable for any loss or damage arising from your failure to safeguard your password.
Permitted Use of BandFriend Site
You may not collect Content or information or otherwise access BandFriend using automated means, such as harvesting bots, robots, spiders, or scrapers, etc. without written permission.
You are permitted to upload data to BandFriend that contains geographical and other metadata. BandFriend generally does not make efforts to remove such information from uploaded User data.
You may not use BandFriend in any manner that could damage, disable, overburden, or impair BandFriend services, including not utilizing the BandFriend website in an automated manner. Further, you may not utilize the BandFriend website in any manner that could interfere with any other party’s use and enjoyment of BandFriend. You may not use any third party websites, toolbars, software, or scripts to access the BandFriend website.
BandFriend services are for your personal use and may not be used for commercial purposes unless specifically authorized by us. We reserve the right to remove unauthorized commercial content in our sole discretion.
Illegal and/or unauthorized use of the BandFriend services, including, without limitation, collecting usernames and/or email addresses electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to BandFriend, or employing third party promotional sites or software to promote profiles for money, is prohibited.
We do not actively monitor the display, transmission and exchange of Content that is accessible by means of BandFriend, nor do we maintain any obligation to do so, except as otherwise determined by us or required by the laws of applicable jurisdictions. We reserve the right to monitor BandFriend services for purposes of determining usage is in compliance with these Terms and applicable laws. In addition, and as described elsewhere in these Terms, we maintain an absolute and unconditional right to review and remove material accessible by or transmitted through BandFriend that, in our sole discretion, we believe is in violation of the law of these Terms or is unacceptable to us.
We do not pre-screen uploaded, posted, or transmitted Content, but we reserve the right to inspect, edit, and delete any Content that we know, or have reason to know, has violated these Terms. We reserve the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of these Terms. We may disclose any informational Contents that Users post, upload, or transmit to the BandFriend website or through BandFriend services, if such discloser is necessary to enforce these Terms, to respond to claims of intellectual property infringement, to comply with legal processes, or to protect the rights of BandFriend, the public, or other Users.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including the content of your transmissions through BandFriend.
You are solely responsible for your conduct and any data, text, sketches, information, photos, audio or video clips, voiceovers, links, and other Content submitted, posted, or displayed on BandFriend. BandFriend has no obligation to check for accuracy or truthfulness of any Content or any User’s use of BandFriend.
We may, but have no obligation to, limit or remove access to Content submitted by a BandFriend User that is determined, by BandFriend, to be unlawful, fraudulent, threatening, defamatory, libelous, obscene, or otherwise infringes on or violates proprietary rights, intellectual property rights, or these Terms.
Prohibited Conduct or Content on BandFriend includes, but is not limited to, Conduct or Content that:
a. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. exploits people in a sexual or violent manner;
d. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
e. solicits or is designed to solicit personal information from anyone under 18;
f. publicly posts information that poses or creates a privacy or security risk to any person;
g. constitutes or promotes information that the User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
h. uploads, posts or disseminates Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
i. disseminates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
j. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
k. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
l. solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes, or any prohibited use;
m. involves unauthorized commercial activities;
n. includes child pornography, fraud, trafficking in obscene material, drug dealing, gambling, defamation, stalking, spamming, sending of viruses or other harmful files, or theft of trade secrets;
o. circumvents or modifies, attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of our services;
p. transmits, in any form software viruses or such programs including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of or access to a computer or a computer network;
q. modifies, copies, distributes, downloads, scrapes or transmits in any form or by any means, in whole or in part, any content from BandFriend, other than User Content which a User legally submits on BandFriend;
r. monitors functionality in connection with BandFriend, including, without limitation, to identify other Users’ views, actions or other activities on BandFriend;
s. reformats or frames any portion of the web pages that are part of BandFriendwithout our prior written authorization;
t. automates use of BandFriend, such as, but not limited to, using scripts to send photos, messages, or other updates;
u. impersonates or attempts to impersonate BandFriend employees, or another BandFriend User (including, without limitation, the use of email addresses associated with or of any of the foregoing);
v. discloses a User password to any third party or permits any third party to access a User account;
w. sells or otherwise transfers a User’s registration information, email address or URL;
x. uses or distributes any information obtained from BandFriend in order to harass, abuse, or harm another person or entity, or attempts to do the same;
y. uses invalid or forged headers to disguise the origin of any Content transmitted to or through BandFriend’s computer systems, or otherwise misrepresents the source of any message or Content;
z. engages in, either directly or indirectly, or encourages others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
aa. uses BandFriend in a manner that violates or is inconsistent with these Terms or any applicable law.
Third Party Sites
BandFriend may contain links to third party sites. While some of these sites may contain materials that are objectionable, unlawful, or inaccurate, BandFriend has no control over the privacy, content, practices, etc. of these third party sites. These third party links do not mean that BandFriend endorses these sites or services, and BandFriend may, in its sole discretion, remove such links. We shall have no liability arising from use of these third party websites.
We shall not be responsible to you for any connection or access to the BandFriend website or services. Nor shall we be responsible for the quality of the transmission of any information passing between Users and/or the BandFriend website. You will be responsible for providing your own communications equipment to access BandFriend via the Internet, WAP, or mobile services devices, as well as for the Internet/WAP/mobile access charges thereon. You recognize that we shall not be responsible for any reduced functionality resulting from, or in connection with your, or any other User’s, use of BandFriend.
Termination of User Account
Once your membership is terminated, you will have no right to use BandFriend and, within a reasonable timeframe, all of your data will be deleted and made inaccessible.
We may terminate your membership immediately, at any time, for any reason. We may also, it our sole discretion and at any time, temporarily discontinue or permanently provide BandFriend, or any part of BandFriend’s services thereof, with or without notice. You agree that any termination of access to BandFriend under any provision of these Terms may be effected without notice, and acknowledge and agree that BandFriend may immediately deactivate or delete your account, as well as all related information and files in your account, and/or bar any further access to such files or to BandFriend services. BandFriend’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Where possible, we will use reasonable efforts to give you notice of termination or suspension of your access to BandFriend. However, under no circumstance will we be liable to you or any third party for any termination, suspension of access to, or modification of BandFriend.
Disclosure Under the Law
We will cooperate with legitimate governmental requests, subpoenas or court orders, to protect BandFriend, our systems and Users and the public. To ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, BandFriend registration information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
These Terms shall be governed in all respects by the laws of the State of California without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute against us must be resolved by a court located in San Diego County, California. You agree to submit to the exclusive personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such claims or disputes.
You shall not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force of law or effect.
Personally Identifiable Information
Disclaimer of Warranty
THE BANDFRIEND SERVICES AND ALL INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THE BANDFRIEND WEBSITE AND THROUGH BANDFRIEND SERVICES ARE PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF BANDFRIEND’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE BANDFRIEND WEBSITE OR SERVICES AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF BANDFRIEND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM BANDFRIEND’S SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH BANDFRIEND SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BANDFRIEND SERVICES.
Limitations on Liability
THE USE OF BANDFRIEND AND BANDFRIEND SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL BANDFRIEND, TOUCHBEE SOLUTIONS AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, CONTRACTORS, AND EMPLOYEES, BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, BANDFRIEND, WHETHER OR NOT ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IF YOU ARE DISSATISFIED WITH ANY PART OF BANDFRIEND, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING BANDFRIEND AND ITS RELATED WEBSITE. IN ANY EVENT, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BANDFRIEND SERVICES OR WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO USERS IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED. IN SUCH CASES, TOUCHBEE SOLUTIONS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Hold Harmless and Indemnity
You agree to indemnify and hold BandFriend and touchbee Solutions and its subsidiaries, affiliates, officers, agents, co-branders or other partners, contractors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content submitted, posted, transmitted or made available through BandFriend, Users use of BandFriend, Users connection to BandFriend, Users violation of these Terms, or Users violation of any rights of another User.
BandFriend may provide Users with notices regarding BandFriend or these Terms by regular email or postings to the BandFriend website.
Without limiting the foregoing, under no circumstances shall we or our affiliates be responsible for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. BandFriend affiliates are express and intended third party beneficiaries of these Terms and may enforce any of its terms and exercise any of the rights to the same extent as BandFriend and touchbee Solutions.
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if the waiver is in writing and signed by us.