TERMS OF USE
BANDSINTOWN, LLC
Bandsintown Terms of Use (Fans)
Last Updated: April 4, 2024
THESE BANDSINTOWN TERMS OF USE REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE SEE ARTICLE 20 - BINDING ARBITRATION AND CLASS ACTION WAIVER TO LEARN MORE.
These Terms of Use Fans (the “Terms of Use”) are agreed upon between the Fan and BANDSINTOWN LLC, a corporation organized and existing under the laws of the US, with its principal office located at 2045 Biscayne Blvd, Ste 260 - Miami, FL 33137 (“Bandsintown”).
ARTICLE 1. INTRODUCTION
Bandsintown is the owner of the Bandsintown website (https://www.bandsintown.com/) and mobile applications (collectively, the “Platform” or “Bandsintown Platform”). Among other things, the Platform allows Fans to keep up to date with their favorite Artists, musical events that they may be interested in, and, more globally, stay connected to the musical world.
Some of the functionalities made available to the Fans by Bandsintown may be free or subscribed to by the Fans.
Please read these Terms of Use carefully as they constitute a legally binding contract with Bandsintown regarding the use of the Services by the Fans.
The Terms of Use apply from the registration of the Fans on the Platform and throughout their use of the Services, whether the Fan accesses the Services via a wireless or mobile device, a tablet or a computer, or any other technology or device (the “Device”).
By using the Services, the Fan expressly agrees to comply with these Terms of Use and any additional terms and conditions that Bandsintown may provide, including in connection with the Fan’s use of other products and services Bandsintown may offer or make available to the Fan (“Additional Terms”). The Services may also provide rules of participation for certain activities and services, including contests, sweepstakes and other initiatives (“Rules”).
Bandsintown’s Privacy Policy, the Additional Terms and the Rules are hereby incorporated into these Terms of Use by reference as though fully set forth herein. To the extent that there is a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall govern. To the extent that there is a conflict between these Terms of Use and the specific Rules for the activity in which the Artist choose to participate, the Rules shall govern. To the extent that there is a conflict among these Terms of use, the Additional Terms and/or the Rules, the following order of precedence shall apply: first, the Rules, second, the Additional Terms, and third, these Terms of Use.
ARTICLE 2. DEFINITIONS
Capitalized terms shall have the meaning given to them in this Article, whether they are used in plural or singular form:
Agreement: means these Terms of Use and all Additional Terms or Rules.
Applicable Data Protection Laws: means any laws and regulations applicable to the Parties according to the nature of Personal Data processed and/or the location of the Fan.
Artist: means the professional registered on the Bandsintown Platform under an artist name. This may be the artist, his/her management team, booking agents, or any other professional acting under the artist’s name to manage his/her platform and Profile.
Content: means all content published or made available by the Fan on his/her Profile (e.g., public messages, messages addressed to fans, promoting contents, event related contents, photographs, videos, etc.).
Fan: means the user (natural person) registered on the Platform or using Bandsintown tools to subscribe to Bandsintown’s and/or the Artist’s newsletters, marketing or advertising campaigns, etc.
GDPR: means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Parties: means the parties to the Agreement, i.e. Bandsintown and the Fan.
Personal Data or Personal Information: means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Profile: means the Fan’s dedicated account and environment on the Platform.
Services: means all functionalities made available to the Fan through the Platform and as further described in the Article titled “Description of Services”.
User: means any visitor or registered person on Bandsintown’s platforms, including Artists, Fans, promotors, etc.
ARTICLE 3. OBJECT
The Agreement aims to define and specify the respective obligations of the Parties with regard to the use of Services by the Fan.
The Agreement includes:
These Terms of Use.
Additional Terms or Rules.
Bandsintown may modify or adapt the provisions of the Agreement at any time, for example to take into consideration new Services offered on the Platform or to comply with new legal obligations. In the event of any material changes to the Agreement, notice will be provided to the Fan through the Platform or by email.
By continuing their use of the Service and keeping their Profile active after such notice of the new version of the Agreement, the Fan will be deemed to have accepted such new version.
ARTICLE 4. DESCRIPTION OF SERVICES
The Services allow the Fans to access certain features, functionality, information and services provided by Bandsintown and/or its affiliates, which may include the ability to:
Follow their favorite Artists on the Platform or import their musical preferences on the Platform by syncing their music (connection with Spotify, Facebook, etc.).
Access content published by their favorite Artists (e.g. watch live concerts, performances, audio-visual content, etc.).
Stay informed of musical events and shows that may interest them based on their location or musical preferences.
Receive messages from their favorite Artists.
Keep in touch with and follow friends on the Platform.
Purchase tickets for musical events and shows.
Publish messages to friends on the Platform and/or share events on social media and other means of communications, etc.
ARTICLE 5. ACCESSING THE PLATFORM
The Fan confirms that he/she:
Has read, understood and agreed to the provisions of the Agreement.
Will not access or remain on the Platform fraudulently, or to hinder or alter its performance, in particular by introducing viruses, Trojan horses, worms, logic bombs or any other program that may cause damage to the Platform, Bandsintown and/or any Users.
The Fan undertakes, when registering, to use and provide accurate information regarding his/her identity.
The Fan represents and warrants that he/she has reached the legal age of majority in his/her jurisdiction.
The Platform and Services are prohibited for use by minors unauthorized to access and register to online services according to the laws of their country of residence.
ARTICLE 6. REGISTERING AS A “FAN”
In order to access and use certain content, features and functionality of the Services, Bandsintown may require that the Fan:
(i) Register for the applicable Services, whether on the Platform, a third party platform or otherwise, including, in some instances, creating and/or providing a username and password combination. Currently, the Fan may create an account on the Platform with a login (email address). When registering, the Fan will receive a confirmation link sent to the email address provided to enable access to his/her Profile.
(ii) Provide Bandsintown certain additional information to establish and complete the Fan’s Profile and allow for the full use of the Services according to the provisions of Bandsintown’s Privacy Policy.
The Fan represents and warrants that all registration and account information submitted and/or made available by the Fan is truthful and accurate and that it will be maintained and promptly updated to ensure its accuracy.
Further, the Fan is responsible for maintaining the confidentiality of the Fan’s credentials (e.g. login and other information allowing for the access to the account), and shall be responsible and liable for any access to or use of the Services through his/her Profile, whether the use or access is made directly by the Fan or by any third party using the Fan’s credentials, whether or not such access or use has been authorized by the Fan, including any Fee-Based Services (as hereafter defined).
The Fan agrees to immediately notify Bandsintown of any unauthorized use of his/her credentials or Profile, or any other breach of security discovered through the use of the Services.
The Fan is entirely responsible for (i) controlling the disclosure and use of the Fan’s credentials and Profile, and (ii) updating, maintaining and controlling access to the Fan’s credentials and Profile. Bandsintown shall not be responsible or liable for any loss or damage arising from the Fan’s failure to comply with this Article 6.
ARTICLE 7. USING THE SERVICES AS A “FAN”
7.1 General provisions
In all cases, when using the Services, the Fan must comply will all provisions set out by the Agreement.
The Services available to Fans may include the following features:
Follow/Unfollow favorite Artists.
Receive updates and notifications from Bandsintown and/or followed Artists regarding news or events that may interest the Fan (in accordance with the Fan’s opt-ins / user settings and preferences).
RSVP to events and sync the RSVPed events on the Fan’s mobile calendar.
Connect with the Fan’s social networks and/or musical accounts on the Platform (e.g. Facebook, Spotify).
Publish content and messages through Bandsintown mobile application.
Watch live stream performances on Bandsintown mobile application.
Certain features proposed by Bandsintown may only be available on the Bandsintown mobile application or on the Bandsintown website.
If the Fan needs assistance regarding the use of the Services, he/she may go to https://help.bandsintown.com to find answers to frequently asked questions.
7.2 Specificities regarding the publication of Content
The Services may provide the Fan with an opportunity to submit, post, display, or otherwise make available comments, reviews, links, materials, ideas, images, opinions, messages and other content and information via the Services.
Bandsintown does not guarantee the accuracy, integrity, quality or content of any Content published on the Platform. Under no circumstances shall Bandsintown be liable in any way for any loss or damage of any kind incurred as a result of any Content submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available on the Platform by the Fan.
The Fan is solely responsible for the Content published on his/her Profile or otherwise using his/her account credentials .
The Fan also represents, warrants and covenants that:
(i) He/she owns the Content published or is otherwise authorized to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein.
(ii) His/her submission, uploading, posting, emailing, displaying, transmission and/or making available of the Content does not violate this Agreement, any rights of any other party or entity, any of his/her obligations, any law, rule or regulation.
(iii) He/she holds and shall continue to hold all ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform the obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of the Content published on the Services.
7.3 Fee-based Services
Bandsintown may make available certain fee-based content and other e-commerce services on and/or in connection with the Services or through third party service providers (“Fee-Based Services”).
For example, the Fan may be able to purchase event tickets and songs, order music-related products and/or licenses through the Services or third-party service providers, purchase pay-per-view tickets for live streams, etc.
The Fan acknowledges and agrees that certain Fee-Based Services may utilize third party service providers (e.g., Ticketmaster, FNAC, Apple, etc.), and all purchases made through these third-party websites or platforms are subject to their respective terms and conditions, and in the event of a conflict between such third party’s terms and conditions and this Agreement, the terms and conditions of the third-party service provider shall govern and control.
Bandsintown is not responsible and has no liability whatsoever for goods or services the Fan may obtain through third party service providers or other web sites or web pages. Bandsintown encourages the Fan to take all necessary or appropriate measures before proceeding with any online transaction with any of these third parties.
Bandsintown does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. The Fan should refer to the Additional Terms, Rules or third-party terms and conditions of sales or any other applicable documentation related to such Fee-Based Services.
7.4 Promotions, Contests and Sweepstakes
From time to time, Bandsintown, or the Services’ operational service providers, Artists, suppliers, partners, and advertisers may conduct promotions and other activities on, through or in connection with the Services, including contests and sweepstakes (collectively, “Promotions”).
Each Promotion may have Additional Terms and/or Rules which shall be posted or otherwise made available to the Fan in connection therewith. By participating in a Promotion, the Fan also accepts the Additional Terms and/or Rules that may apply to such Promotion.
7.5 Membership Bandsintown PLUS (US only)
If the Fan is located in the US area, he/she may become a Bandsintown PLUS member by joining on the following address: https://www.bandsintown.com/player.
Bandsintown PLUS is a free membership for Fans that makes live streams available to Fans for free or on a pay-per-view basis on www.bandsintown.plus. Other opportunities may be offered to members of Bandsintown PLUS, such as (i) early access to pay-per-view shows, (ii) special access to artists giveaways, (iii) receipt of special newsletters, etc.
ARTICLE 8. CODE OF GOOD CONDUCT
The Fan is solely responsible for his/her conduct when using the Services. Bandsintown works to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is expressly prohibited. Therefore, the Fan agrees that, while using the Services, he/she shall not:
Engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of Bandsintown or of any other third party.
Submit, post, email, display, transmit or otherwise make available through the Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Submit, post, email, display, transmit or otherwise make available through the Services any material that the Fan does not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any third party.
Engage in or encourage conduct that affects adversely or reflect negatively on Bandsintown, its affiliates, or parent company, the Services, Bandsintown goodwill, name or reputation or causes duress, distress or discomfort to Bandsintown or anyone else, or discourage any third party from using all or any portion, features or functions of the Services, or from advertising or becoming a supplier to Bandsintown in connection with the Services.
Submit, post, email, display, transmit or otherwise make available through the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Use the Services for commercial or business purposes, including engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website, platform or service.
Modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other User.
Impersonate any person or entity or falsely state or otherwise represent his/her affiliation with any person or entity.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services.
Solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other Users or other information, including transmitting or facilitating in the transmission of junk email, chain letters, duplicative or unsolicited messages.
Modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so.
Submit, post, email, display, transmit or otherwise make available through the Services any information, materials or content (and/or engage in or encourage conduct or other activities) that are, or could be perceived as, false, incorrect, misleading or deceptive.
Bandsintown is not obligated to monitor the Content published on its Platform. However, Bandsintown allows its Users, Fans and Artists, to report Content that is clearly illegal, unlawful, dangerous, discriminatory, hateful, infringing the rights of others or any of the above-mentioned provisions.
Bandsintown reserves the right to investigate and take appropriate action against anyone who, in Bandsintown’s sole discretion, violates, or is suspected of violating, this Agreement, including removing any Content or Fan posting from the Services at any time, and/or reporting the Fan to law enforcement authorities.
ARTICLE 9. SANCTIONS FOR NON-COMPLIANCE WITH THE TERMS OF USE
In the event Bandsintown reasonably believes that the Fan has breached the Agreement, Bandsintown reserves the right (in addition to any other rights and remedies it may have), at its own discretion and without the need for prior notice, to:
(i) Refuse or cancel the registration of the Fan on the Platform.
(ii) Suspend temporarily the Fan’s Profile on the Platform.
(iii) Close the Fan’s Profile on the Platform indefinitely.
(iv) Delete Content published on the Platform by the Fan, temporarily or indefinitely, subject to compliance with applicable laws and provisions regarding the freedom of speech.
(v) Terminate the Fan’s access to the Platform and Services and all rights and licenses granted to the Fan in the Agreement.
(vi) Communicate to competent judicial, governmental, administrative authorities all Content accessible and available on the Platform, at the request of the latter or in the event of legal proceedings initiated against Bandsintown.
ARTICLE 10. CLOSURE OF THE FAN’S ACCOUNT
The Fan may close his/her Profile on the Platform at any time by clicking on “My Account” and going to “Cancel Account”. By canceling his/her Profile, the Fan may inform Bandsintown of the reason causing the cancelation of his/her Profile.
The Fan may also ask Bandsintown to delete the Profile by sending a request to support@bandsintown.com.
Once the Profile has been deleted, some of the Fan’s Personal Data will be kept by Bandsintown in intermediate storage for a period of time in accordance with the legal and regulatory provisions in force. Information on retention periods is available in Bandsintown’s Privacy Policy accessible on the Platform.
The Fan is informed that the cancelation of his/her Profile is permanent. This means that the Fan will lose his followed Artists and events as well as all of his/her Content as provided through the use of the Platform.
ARTICLE 11. PROCESSING OF PERSONAL INFORMATION
Bandsintown processes the Fan’s Personal Information according to the Privacy Policy which sets forth information regarding the Personal Information used, the purpose(s) for such use, the Fan’s rights to the processing of their Personal Information, the technical and organizational measures set out to protect their privacy, the recipients of the Personal Information and other information as required by Applicable Data Protection Laws, including the CCPA (US) and the GDPR (EU).
The Fan shall refer to the Privacy Policy to access further information regarding the processing of his/her Personal Information.
ARTICLE 12. PROPRIETARY RIGHTS
12.1 Proprietary rights of Bandsintown
The Bandsintown Platform and the Services, and all of the material comprising the same are protected under intellectual property laws. Bandsintown is the owner of all intellectual property rights therein and thereto or has obtained the necessary authorizations and/or licenses from the holder(s) of such rights.
The Platform, Services, software, database structures, texts, information, analyses, images, photographs, graphics, logos or any other data/material contained on the Platform (“Bandsintown IP”) remain the exclusive property of Bandsintown or, where applicable, of their respective holders with which Bandsintown has concluded specific usage agreements.
Bandsintown requires the Fan to respect its copyrights, trademarks and other intellectual property rights. As a result, any representation or reproduction, in whole or in part, that could be made of Bandsintown IP without authorization is illicit and subject to legal proceedings.
The Fan shall not reproduce, modify, transmit, transfer or exploit Bandsintown IP without the prior agreement and authorization of Bandsintown. Non-compliance with such provisions will be subject to legal proceedings.
The content of the sponsored advertisements that may be published on the Platform is protected by intellectual property rights. The Fan is therefore prohibited from using, reproducing, modifying, distributing or borrowing these content without the authorization of their respective rights holders.
12.2 License of use of Bandsintown IP granted to the Fan
Bandsintown grants the Fan a limited, revocable, non-exclusive and non-transferable right to use the Platform and Bandsintown IP solely in connection with his/her use of the Services and solely as described in and in accordance with the terms and conditions of this Agreement. Without limiting the foregoing, the Fan shall not:
Reproduce and/or represent, download, sell, issue, translate, adapt, exploit, distribute, disseminate, or communicate, in any form whatsoever, commercially or otherwise, any of Bandsintown IP.
Introduce content or materials on the Platform that modify or are likely to modify Bandsintown IP, by any means whatsoever.
Use content related to Artists or other Fans other than in strict accordance with the Agreement.
12.3 License of the use of Artist’s content published on the Platform
Artists have granted Bandsintown a non-exclusive and transferable license to use any content that they publish on the Platform, including their image, voice, messages and all other material that they may make available through their use of the Platform (“Artists IP”).
The Artists have granted Bandsintown the right to sub-license the use of their Artists IP to the Fans on the conditions set out below.
Bandsintown grants the Fan a limited, revocable, personal, non-exclusive and non-transferable license to use the Artists IP solely as enabled by the features and functionalities Services and in accordance with the terms and conditions of the Agreement.
The foregoing license granted to the Fan is not unlimited and does not include, for example:
The right to represent or have represented, to adapt or have adapted, the Artists IP for commercial purpose or any other purpose.
The right to broadcast the Artists IP to the public, by any means whatsoever, commercially or otherwise. For example, the Fan is prohibited from publishing Artists IP on social networks, in any form whatsoever, without the specific authorization of the Artist.
The right to use Artist IP to create or edit a montage, sequencing, mixing or compilation in any form whatsoever, whether or not such operations are carried out for commercial purposes.
This license to use the Artists IP is granted to the Fan free of charge, for the duration of the publication of such content on the Platform by the Artist.
12.4 Proprietary rights of the Fan and warranties
The Fan represents and warrants that he/she owns and controls all intellectual property rights to the text, photographs, videos, content and any other material published through his/her Profile or made available through the use of the Services by the Fan (“Fans IP”) or holds the necessary rights and authorizations from the rightful owner(s) of such rights to publish such content on the Platform and grant the rights granted to Bandsintown pursuant to this Agreement.
The Fan shall indemnify, defend and hold Bandsintown and the Bandsintown Parties harmless from and against any claim or action brought by third parties, and all liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), relating to and/or arising out of or in connection with any alleged violation of such third party’s intellectual property rights with respect to material published and/or otherwise made available by the Fan through the use of the Services.
The Fan grants Bandsintown a worldwide, royalty-free, non-exclusive and transferable license to use the Fans IP for the purpose of allowing the use of the Services by Users and maintaining the Fan’s Profile, for as long as such Fans IP is made available by the Fan on the Platform. Without limiting the foregoing, the Fan grants Bandsintown the right to sublicense to the Artists a non-exclusive and non-transferable license to use the Fans IP, including the right to access, reproduce, adapt and use the Fans IP on the Platform and by any and all media and means of distribution.
The Fan expressly authorizes Bandsintown to modify the Fans IP where necessary to comply with the graphic charter of the Platform or other communication media as referred to above and/or to make them compatible with their technical performances or formats.
12.5 Trademarks
The trademarks, logos, service marks and trade names displayed on or in connection with the Services are registered and unregistered trademarks of Bandsintown, its affiliates and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause confusion, or in any manner that disparages or discredits their rights holders. Nothing contained on or in connection with the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on or in connection with the Services without the written permission of Bandsintown or the third party that may own the applicable trademark.
12.6 Claims regarding intellectual property rights
If the Fan believes that his/her Fans IP has been copied or used on the Platform in a manner that infringes his/her rights as recognized by applicable intellectual property laws, he/she must inform Bandsintown promptly to the following addresses:
By post:
Name and Address of Designated Agent:
Attention: Legal Department
Bandsintown, LLC
2045 Biscayne Blvd, Ste 260
Miami, FL 33137
By email: support@bandsintown.com
12.7 Digital Millennium Copyright Act
If the Fan is a copyright owner or an agent thereof and believe that any content on the Services infringes upon his/her copyrights, he/she may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Bandsintown’s Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Bandsintown to locate the material.
Information reasonably sufficient to permit Bandsintown to contact you, such as an address, telephone number, and, if applicable, e-mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the Fan is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
Name and Address of Designated Agent:
Attention: Legal Department
Bandsintown, LLC
2045 Biscayne Blvd, Ste 260
Miami, FL 33137
Email: copyrightagent@bandsintown.com
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to Bandsintown customer service by sending an email to support@bandsintown.com. The Fan acknowledges and agrees that if he/she fails to comply with all of the requirements of this Section, the Fan’s DMCA notice may not be valid.
ARTICLE 13. SECURITY OF THE PLATFORM
Bandsintown makes every effort to maintain the security, availability and integrity of the data transmissions on the Platform. However, in light of the characteristics and constraints of the Internet, Bandsintown shall not be held responsible for any errors, interruptions, lack of availability or viruses on its Platform.
Bandsintown may not be held responsible in the event of malfunction, impossibility of access, poor conditions of use of the Platform due to unsuitable Device, internal malfunction of the Fan’s Internet service provider, obstruction of the Internet network or for any other reasons outside of Bandsintown’s control.
Furthermore, Bandsintown reserves the right to modify, interrupt, suspend or remove, temporarily or permanently, all or part of the Services, without notice or compensation of any kind.
ARTICLE 14. DISCLAIMER AND LIMITATIONS OF LIABILITY
THE PLATFORM AND SERVICES, AND ALL CONTENT, PRODUCTS, INFORMATION, SERVICES AND POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
All implied representations, warranties and conditions relating to the Services, and all Content, products, services and User postings are hereby disclaimed by Bandsintown. Without limiting the foregoing, Bandsintown is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of the Fan’s use of the Services.
Further, without limiting the foregoing, Bandsintown, its affiliates, parent company, successors and assigns, officers, directors, employees, agents, representatives, licensors, partners, service providers, advertisers and suppliers (collectively, “Bandsintown Parties”) make no representation, warranty or condition of any kind, express or implied, regarding any products or services ordered or provided via the Services, and hereby disclaim, and the Fan hereby waives, any and all representations, warranties and conditions of any kind, express or implied, made in connection with product or services literature, frequently asked questions documents, advice or information, whether oral or written, obtained by the Fan in connection with the Services, including correspondence with Bandsintown or its agents or otherwise.
THE FAN UNDERSTANDS AND AGREES THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE BANDSINTOWN PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
The Fan further understands and acknowledges the capacity of the Services, in the aggregate and for each User, is limited. Consequently, some messages, content and transmissions, including postings, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable.
The Fan acknowledges and agrees that Bandsintown assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or postings or for any failure or delay associated with any postings and the Fan is hereby expressly advised not to rely upon the timeliness or performance of the Services for any transactions or postings.
Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this agreement may not apply to the Fan.
ARTICLE 15. INDEMNITY
The Fan agrees to indemnify, defend and hold the Bandsintown Parties harmless from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) his/her breach or violation of this Agreement or any applicable law, (b) any third party claims regarding his/her use of the Services and/or (b) his/her postings on the Platform.
Bandsintown reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the Fan and all negotiations for its settlement or compromise, and the Fan agrees to fully cooperate with Bandsintown upon its request.
ARTICLE 16. OTHERS
16.1 Customer support
For assistance with technical issues or customer support inquiries, the Fan may contact Bandsintown by writing to the following email address: support@bandsintown.com.
16.2 Third-party platforms, services and contents
The Fan shall not post or otherwise disseminate on the Platform content (including links to third-party websites or platforms) that is illegal, illicit or immoral.
The Fan is also made aware that the Services may include links allowing access to third party websites or third party materials, including third party platforms.
The inclusion of such third party services and/or links thereto does not constitute an endorsement by Bandsintown, its affiliates, or parent company, or any of its or their respective successors, assigns and representatives, or any association in connection therewith.
Bandsintown does not verify, endorse, or have any responsibility for third party services and any third party business practices, whether the Services', Bandsintown’s or its affiliates’ logos, marks, names and/or sponsorship or other identification is on the third Party Services.
Bandsintown shall not be held responsible or liable for any loss or damage caused by or related to the Fan’s use of any third party services.
Therefore, the Fan is encouraged to read the terms and conditions and privacy policy of each third party service he/she uses.
16.3 Data and wireless access charges
Certain Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for the Fan’s Device may charge the Fan with data access fees in connection with his/her use of such Services, including wireless carrier messaging and other communication, messaging and data fees and charges.
Under no circumstances will Bandsintown be responsible for any such data access fees and charges in connection with the Fan’s use of any Services, including wireless internet, email, text messaging or other charges or fees incurred by the Fan (or any person that has access to his/her Device, telephone number, email address, Profile or other similar information).
Further, the use or availability of certain Services may be prohibited or restricted by the Fan’s wireless carrier and/or data access provider, and not all Services may work with all wireless carriers, networks, platforms, services or Devices.
16.4 Assignments
This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by the Fan, but may be assigned or transferred by Bandsintown without restriction, notice or other obligation to the Fan.
ARTICLE 17. DURATION
The Agreement shall remain in force for the entire duration of the Fan’s use of the Services.
ARTICLE 18. SEVERABILITY
If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced under any applicable law or as a matter of public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.
Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties shall negotiate in good faith to modify this Agreement so as to reflect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the obligations contemplated by this Agreement be fulfilled as originally contemplated to the greatest extent possible.
ARTICLE 19. GOVERNING LAW AND JURISDICTION
19.1 Governing law of the Agreement
This Agreement and the Fan’s use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding such state's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York.
However, some countries may have more protective national consumer laws that could require the Agreement to be governed by such local laws. This paragraph does not override these laws.
19.2 Informal conflict resolution
The Fan agrees to use reasonable efforts to sort any dispute or conflict informally before filing a claim against Bandsintown by contacting support@bandsintown.com.
The Parties shall work in good faith to resolve the dispute or conflict.
If a dispute is not resolved within three (3) months, either of the Parties may choose to bring a formal proceeding according to the provisions mentioned below.
If the Fan is residing in a country within the European Union, the Fan can access the online dispute resolution platform managed by the European Commission here: https://ec.europa.eu/consumers/odr.
19.3 Governing jurisdiction
Both Parties agree that any judicial proceeding brought to resolve a claim regarding the Agreement shall be brought in the federal and state courts located in the State and County of New-York (notwithstanding such state's conflict of laws provisions). The Fan may not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum, non-convenience or otherwise.
These provisions apply to US residents to the extent that the arbitration and waiver provisions set forth in the Agreement are not applicable.
If the Fan resides in a country (e.g. Member State of the European Union) which has enforceable laws giving him/her, as a consumer, the right to bring disputes to the national courts of his/her country, the provisions mentioned in this paragraph shall be analyzed in light of the Fan’s rights and shall not infringe such laws.
ARTICLE 20. BINDING ARBITRATION AND CLASS ACTION WAIVER (US Fans only)
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.
Neither the Fan nor Bandsintown will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either Party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all Parties to the arbitrations or proceedings.
The Fan and Bandsintown agree to arbitrate, as provided below, all disputes between the Parties (including any related disputes involving Bandsintown, its subsidiaries or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights.
“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between the Fan and Bandsintown concerning the Services or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis.
The Fan and Bandsintown empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this Agreement or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.
In the event of a dispute, the Fan or Bandsintown must send to the other Party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the Party giving the notice, the facts giving rise to the dispute, and the relief requested. This notice of dispute must be sent to Bandsintown, 2045 Biscayne Blvd, Ste 260 - Miami, FL 33137, USA, Attention: Legal Department.
Bandsintown will send any notice of dispute to the Fan at the contact information it has for the concerned Fan. The Parties will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. Either Party may commence an arbitration proceeding after the expiration of such sixty (60) day period. The Fan may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not the Parties negotiated informally first.
If the Fan and Bandsintown do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. THE FAN UNDERSTANDS AND ACKNOWLEDGES THAT THE FAN IS GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in the State and County of New York, provided, however, that if circumstances prevent you from traveling to New York, JAMS may hold an in-person hearing in the Fan’s hometown area.
The Fan and Bandsintown agree to submit to the exclusive jurisdiction of the State and Federal Courts situated in the State and County of New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to the Fan individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy the Fan’s individual claim.
In accordance with the JAMS Rules, the Party initiating the arbitration (either the Fan or Bandsintown) is responsible for paying the filing fee. However, if the arbitrator issues the Fan an award of damages and: (a) that award is greater than the amount of Bandsintown’s last written settlement offer; or (b) if Bandsintown did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, Bandsintown will reimburse the Fan for the filing fees he/she incurred.
Except as provided above with respect to jurisdiction in the State and County of New York, nothing in this arbitration provision shall be construed as consent by Bandsintown to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Services or this Agreement.
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