BANDAIDE TERMS OF SERVICE
 

 

 

BANDAIDE, INCORPORATED TERMS OF SERVICE

Document explaining Rights and Responsibilities:
This Rights and Responsibilities, (“Document,” “Terms”), is from BANDAIDE, INCORPORATED.  The relationship in between BANDAIDE, INCORPORATED and our users and others that interact with our app is governed by the terms of this document.

By signing up for, into and or accessing BANDAIDE, INCORPORATED, you agree to this Document, as updated from time to time.  

BANDAIDE, INCORPORATED provides Services to Artist’s, Bands, Fans, Individuals and anyone else related to the Music World.

This document was written in the United States of America as an agreement for BANDAIDE, INCORPORATED Terms of Service.  If any translated version of this agreement is different than the English version, the English version is upheld. 

This document is for BANDAIDE, INCORPORATED Users to review and approve our terms that apply to the involvement within this specific app and its services.

1.     BANDAIDE, INCORPORATED Privacy

BANDAIDE’s goal is to provide our User’s with the upmost privacy and protection within our app.  Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use BANDAIDE to share with others and how we as a Company collect and can use your content and information.  Please read the following BANDAIDE Privacy Policy for complete details.
 

2.     Content and Information on BANDAIDE’s App

All of the content and information an individual posts on the BANDAIDE APP is owned by that individual.

In addition:

1.     For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission and you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with BANDAIDE (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

2.     When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3.     When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. 

4.     When you publish content or information to BANDAIDE app, it means that you are allowing everyone, including people off of BANDAIDE app, to access and view that information, and to associate it with you (i.e., your name and profile picture).

5.     We always appreciate your feedback or other suggestions about BANDAIDE, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
 

3.     Safety

We do our best to keep BANDAIDE safe, but we cannot guarantee it. We need your help to keep BANDAIDE safe, which includes the following commitments by you:

1.     Bands that sign up for BANDAIDE must be a Band and not a fraudulent company and or individual, and any other entity misrepresenting itself trying to collect tips illegally.

2.     You will not post unauthorized commercial communications (such as spam) on BANDAIDE.

3.     You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on BANDAIDE.

4.     You will not upload viruses or other malicious code.

5.     You will not solicit login information or access an account belonging to someone else.

6.     You will not bully, intimidate, or harass any user.

7.     You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

8.     You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements).

9.     You will not use BANDAIDE to do anything unlawful, misleading, malicious, or discriminatory.

10.  You will not do anything that could disable, overburden, or impair the proper working or appearance of BANDAIDE, such as a denial of service attack or interference with page rendering or other BANDAIDE’s functionality.

11.  You will not facilitate or encourage any violations of this Statement or our policies.
 

4.     Registration and Account Security

BANDAIDE users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1.     You will not provide any false personal information on BANDAIDE, or create an account for anyone other than yourself without permission.

2.     You will not create duplicate personal accounts. Limit one account per band.

3.     If we disable your account, you will not create another one without our permission.

4.     You will keep your contact information accurate and up-to-date.

5.     You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.

6.     You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.

7.     If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
 

5.     Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

1.     You will not post content or take any action on BANDAIDE that infringes or violates someone else's rights or otherwise violates the law.

2.     We can remove any content or information you post on BANDAIDE if we believe that it violates this Statement or our policies.

3.     If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

4.     If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

5.     You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.

6.     If you collect information from users, you will: obtain their consent, make it clear you (and not BANDAIDE) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

7.     You will not post anyone's identification documents or sensitive financial information on BANDAIDE.
 

6.     Payments

When you make a tip on BANDAIDE, you agree to our Payments Terms unless it is stated that other terms apply.

1.     Payments will be deposited in the bank account specified in your user account without exception. No custom requests will be accommodated.
2. Payments will be deposited in a reasonable amount of time. BANDAIDE is designed to transfer funds in real-time, but should a delay occur, you will allow BANDAIDE time for due-diligence to deliver payments.
3. The Company is not obligated to alert you or notify you in the case of a delay but you are welcome to inquire about any discrepancies you see in accounting using our feedback form.
4. The Company complies with industry standards with regard to payment processing and privacy of your personal banking information.


 

7.     About Advertisements and Other Commercial Content Served or Enhanced by BANDAIDE

Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:

1.     You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.

2.     We do not give your content or information to advertisers without your consent.

3.     You understand that we may not always identify paid services and communications as such.
 

8.     Special Provisions Applicable to Advertisers

If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Self-Serve Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on BANDAIDE or our publisher network will comply with our Advertising Policies.

9.     Amendments

1.     We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.

2.     If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.

3.     Your continued use of the BANDAIDE Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
 

10.  Termination

If you violate the letter or spirit of this Document, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of BANDAIDE to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
 

11.  Disputes

Should a dispute arise between you and the Company, you first agree to notifiy us of the potential issue and allow the Company a Good Faith effort to resolve your issue. Should you and the Company be unable to agree, the following Terms and Conditions apply. 
 

1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or BANDAIDE exclusively in the U.S. District Court in Austin, Texas or a state court located in Travis County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Texas will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

2.     If anyone brings a claim against us related to your actions, content or information on BANDAIDE, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on BANDAIDE and are not responsible for the content or information users transmit or share on BANDAIDE. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on BANDAIDE. We are not responsible for the conduct, whether online or offline, of any user of BANDAIDE.

3.     WE TRY TO KEEP BANDAIDE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BANDAIDE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BANDAIDE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT BANDAIDE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. BANDAIDE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BANDAIDE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BANDAIDE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FACEBOOK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
 

12.  Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with BANDAIDE outside the United States:

1.     You consent to having your personal data transferred to and processed in the United States.

2.     If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on BANDAIDE (such as advertising or payments) or operate a Platform application or website. You will not use BANDAIDE if you are prohibited from receiving products, services, or software originating from the United States.

3.     Certain specific terms that apply only for German users are available here.

13.  Definitions

1.     By "BANDAIDE" or “BANDAIDE Services” we mean the features and services we make available, including through (a) our website at www.bandaide.com and the BANDAIDE App; (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. BANDAIDE reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.

2.     By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from BANDAIDE or provide data to us.

3.     By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with BANDAIDE.

4.     By "content" we mean anything you or other users post, provide or share using BANDAIDE Services.

5.     By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from BANDAIDE or provide to BANDAIDE through Platform.

6.     By "post" we mean post on BANDAIDE or otherwise make available by using BANDAIDE.

7.     By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

8.     By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

9.     By “Trademarks” we mean the list of trademarks provided here.

10. BANDAIDE INCORPORATED is also represented as "the Company".
 

14.  Other

1.     If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and BANDAIDE, Inc.  References to “us,” “we,” and “our” mean either BANDAIDE, Inc., as appropriate.

2.     This Statement makes up the entire agreement between the parties regarding BANDAIDE, and supersedes any prior agreements.

3.     If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

4.     If we fail to enforce any of this Statement, it will not be considered a waiver.

5.     Any amendment to or waiver of this Statement must be made in writing and signed by us.

6.     You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

7.     All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

8.     Nothing in this Statement shall prevent us from complying with the law.

9.     This Statement does not confer any third party beneficiary rights.

10.  We reserve all rights not expressly granted to you.

11.  You will comply with all applicable laws when using or accessing BANDAIDE.

 

 

 

BANDAIDE © 2015

English (US)