TERMS OF USE (ARTISTS)
BANDSINTOWN, LLC
Bandsintown Terms of Use (Artists)
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 19 - BINDING ARBITRATION AND CLASS ACTION WAIVER TO LEARN MORE.
These Terms of Use Artists (the “Terms of Use”) are agreed upon between the Artist 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 websites (https://artists.bandsintown.com/) and mobile applications (collectively, the “Platform” or “Bandsintown Platform”) and Tools (as defined below). Among other things, the Platform allows Artists to enhance their visibility to their Fans through use of various functionalities relating to marketing and promoting the Artist’s concerts, tours and other events and communicating with their Fans around the world.
Some of the functionalities made available to the Artists by Bandsintown may be free or subscribed to by the Artists.
Please read these Terms of Use carefully as they constitute a legally binding contract with Bandsintown regarding the use of the Services (as defined below) by the Artists.
The Terms of Use apply from the registration of the Artist on the Platform and throughout their use of the Services, whether the Artist 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 Artist expressly agrees to comply with these Terms of Use and any additional terms and conditions that Bandsintown may provide, including in connection with the Artist’s use of specific Tools or other products and services Bandsintown may offer or make available to the Artist (“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, including Appendix 1 – Data Processing Agreement, 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 Artist and/or the Fan, as applicable.
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.
Bandsintown Tools or Tools: means the tools that Bandsintown makes available to the Artist through the use of the Platform, such as widgets and APIs, smart links, the dashboard, analytics, communication tools, etc.
Content: means all content published or made available by the Artist 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, 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 Artist.
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 Artists dedicated account and environment on the Platform.
Services: means all functionalities made available to the Artist through the Platform and the Tools and as described in Article 4 – 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 the Platform, Tools and Services by the Artist.
The Agreement includes:
The provisions of the Terms of Use.
Additional Terms or Rules
Annexe 1 – Data Processing Agreement (EU compliant).
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 Artist 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 Artist will be deemed to have accepted such new version.
ARTICLE 4. DESCRIPTION OF SERVICES
The Services allow the Artists to access certain features, functionality, information and services provided by Bandsintown and/or its affiliates, which may include:
The ability to promote, market, display, message and make certain information and content available to Fans regarding live concerts, performances, events, tickets, audio-visual content and other related products and services.
The ability to perform analysis, statistics, reports and get other information regarding the Artist’s Fan base, social media interaction and marketing, including the number and location of their “trackers”, number and general location (e.g., country or city) of people who have RSVP’d to a show, source and volume of ticket clicks and other similar Fan-related information (“Manager/Analytics Services”).
Widgets and APIs to allow for easy, customizable and syncable solutions to list upcoming events on their own websites.
Tools to allow for the creation of an event to be published on the Platform.
Tools to allow them to communicate and interact with their Fans (such as electronic messaging system to post news and other contents to Fans on the Platform, the possibility to launch campaigns to the Artist’s Fans or premium content to wider audiences, use support buttons for fundraisings, use smart links to drive Fans to the Artist’s landing pages, etc.).
Smart links to drive awareness, ticket sales and RSVPs for their upcoming events and other news.
A dashboard to manage their Profile, add events and access marketing Tools made available by Bandsintown. Such dashboard may also allow for various analytics intended to provide actionable insights on the Artist’s events, followers, promotions, etc.
Widgets to allow for the Artist to create and/or upload live streams on the Platform (e.g., to live stream new album launches, etc.).
Marketing pixels to allow the Artists to retarget their interested Users and ticket buyers.
ARTICLE 5. ACCESSING THE PLATFORM
The Artist confirms that he/she:
Has read, understood and agreed to the provisions of the Agreement
Where the person accessing the Profile is not the Artist, such person confirms that he/she is authorized by the Artist to access the Profile and act on behalf of the Artist with respect to the Services.
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 Artist undertakes, when registering, to use and provide accurate information regarding his/her identity.
The Artist 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 AN ARTIST
In order to access and use certain content, features and functionality of the Services, Bandsintown may require that the Artist:
(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.
(ii) Claim an artist or a venue to finalize the process of registration on the Platform.
(iii) Provide Bandsintown with certain additional information to complete your Artist Profile, which may include: professional email address, password, legal name, country of residence, location, status, usage data, and for fee-based transactions and purchases offered by Bandsintown, the Artist’s physical address, telephone number(s), applicable payment information (e.g., payment card data, PayPal information, etc.), etc.
The Artist represents and warrants that all registration and account information submitted and/or made available is truthful and accurate and that it will be maintained and promptly updated to ensure its accuracy.
Further, the Artist is responsible for maintaining the confidentiality of the Artist credentials – i.e. login and password – 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 Artist or by any third party using the Artist credentials, whether or not such access or use has been authorized by the Artist, including use of any Fee-Based Services (as hereafter defined).
The Artist 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 Artist is entirely responsible for (i) controlling the disclosure and use of the Artist’s credentials and Profile, and (ii) updating, maintaining and controlling access to the Artist’s credentials and Profile. Bandsintown shall not be responsible or liable for any loss or damage arising from the Artist’s failure to comply with this Article 6.
ARTICLE 7. USING THE SERVICES AS AN ARTIST
7.1 General provisions
In all cases, when using the Services, the Artist must comply will all provisions set out by the Agreement, including the Code of Good Conduct described in Article 8 and data protection matters as described in Article 11.
7.2 Publication of Content
The Services may allow the Artist to submit, post, email, display, transmit 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 Artist.
The Artist is solely responsible for the Content published on his/her Profile or otherwise using his/her account credentials.
The Artist 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 Use of Manager/Analytics Services
The Manager/Analytics Services may allow the Artist to access an analytics dashboard where he/she can access certain information about his/her (i) Fans (e.g., number of Fans following the Artist, general locations (e.g., country), main markets, etc.), (ii) Events (e.g., marketing data such as the number of clicks on the smart link to purchase tickets, the number of views on the landing pages to promote the events, etc.), (iii) messages published on the Platform (e.g., performance of the messages) and (iv) live streams (e.g., total views, duration of sessions, viewers locations, etc.).
The analytics made available to the Artist via the Manager/Analytics Services (if any) may depend on the Artist’s activities on the Platform and the data he/she makes available to Bandsintown.
Subject to the provisions of the Agreement, Bandsintown grants to the Artist a limited, non-exclusive, non-transferable, non-sublicensable right and license to use certain information as provided by Bandsintown to the Artist through the Manager/Analytics Services, including analytics, statistics, reports and information regarding an Artist’s Fan base, social media interaction and marketing, including live performance attendance, song purchases and other similar Fan or Artist-related information (“Manager/Analytics Services Content”), solely for the limited purpose of promoting and marketing Artist’s live concerts, performances, events, tickets, audio-visual content and other related products and services.
As between the Artist and Bandsintown, Bandsintown owns all right, title and interest in and to the Manager/Analytics Services Content, including, without limitation, all intellectual and proprietary rights appurtenant thereto and except for the limited license granted herein, nothing herein shall be construed to transfer, convey, impair or otherwise adversely affect Bandsintown’s ownership or proprietary rights therein or any other Bandsintown information or materials, tangible or intangible, in any form and in any medium. Bandsintown reserves all rights not expressly granted herein in and to all of the foregoing.
The Artist shall not display, integrate, embed or otherwise make available the Manager/Analytics Services Content on or through any websites, platforms or applications pages that (i) mirror or replicate any material editorial components, branding, “look and feel”, etc. of the Services, (ii) appear, in Bandsintown’s sole discretion, to recreate or duplicate a material portion of any end-user experience provided via any of the Services owned or controlled by Bandsintown or its affiliates or (iii) contain content that competes with or otherwise adversely affects Bandsintown or its affiliates and/or any of their respective brands, businesses, reputation or goodwill, as determined by Bandsintown in its sole discretion.
The Artist acknowledges and agrees that he/she will not disclose the Manager/Analytics Services Content to any competitors of Bandsintown or its affiliates, or use the Manager/Analytics Services Content for purposes which are competitive with, directly or indirectly, Bandsintown or its affiliates. Additionally, the Artist also acknowledges and agrees that Bandsintown may develop products or services that may compete with its website(s), businesses or any other products or services owned or controlled by Artist or any third party.
The Artist acknowledges and agrees that Bandsintown has no obligation to provide any technical support services in connection with the access to and/or use of the Manager/Analytics Services and/or Manager/Analytics Services Content. Bandsintown reserves the right at any time to impose a fee for Artist’s access to and/or use of the Manager/Analytics Services in Bandsintown’s sole discretion.
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 Artist in connection therewith.
To the extent that the Artist offers any Promotions on or through the Platform, the Artist is responsible for operating such Promotion in accordance with all applicable laws, including with respect to the official rules, eligibility requirements, prizes and all other aspects thereof. The Artist agrees that any Promotion administered via the Platform is done so at the Artist’s sole risk and Bandsintown will not assist the Artist with any such Promotion in any manner. The Artist agrees to include, in connection with each Promotion offered via the Platform, a complete release of Bandsintown by each entrant or participant and an acknowledgement that the Promotion is in no way sponsored, endorsed, administered by or associated with Bandsintown.
The Artist agrees to indemnify Bandsintown for any claims in connection with the Artist’s offering of such Promotions in accordance with Article 15.
7.5 Fee-based Services
Bandsintown may make available certain fee-based content, functionalities (e.g. premium campaigns) and other e-commerce services on and/or in connection with the Services or through third party service providers (“Fee-Based Services”). The Artist will be informed on the costs incurred before the use of such Fee-Based Services.
For example, the Artist may be able to purchase licenses through the Services or third party service providers, including additional Services features and functionality. For such additional Services, the Additional Terms or Rules associated with such Services shall apply to the use thereof by the Artist.
The Artist acknowledges and agrees that certain Fee-Based Services may utilize third party service providers (e.g., Apple, etc.), and all purchases made through these third party service providers 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 Artist may obtain through third party service providers or other web sites or web pages. Bandsintown encourages the Artist to take all necessary or appropriate measures before proceeding with any online transaction with any of these third parties.
ARTICLE 8. CODE OF GOOD CONDUCT
The Artist 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 Artist 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 Artist 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.
Except as expressly permitted herein, 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 Artist posting from the Services at any time, and/or reporting the Artist to law enforcement authorities.
ARTICLE 9. SANCTIONS FOR NON-COMPLIANCE WITH THE TERMS OF USE
In the event Bandsintown reasonably believes that the Artist 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 Artist on the Platform.
(ii) Suspend temporarily the Artist’s Profile on the Platform.
(iii) Close the Artist’s Profile on the Platform indefinitely.
(iv) Delete Content published on the Platform by the Artist, temporarily or indefinitely, subject to compliance with applicable laws and provisions regarding the freedom of speech.
(v) Terminate the Artist’s access to the Platform and Services and all rights and licenses granted to the Artist 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 ARTIST’S ACCOUNT
The Artist may close his/her Profile on the Platform at any time by clicking on his/her name, then clicking on “My account” on the bottom right corner of the page and finally following the steps to delete the Profile.
The Artist may also ask Bandsintown to delete the Profile by sending a request to artistsupport@bandsintown.com with the link on the Artist’s page on the Platform and the link of the Artist’s page on Facebook. Bandsintown’s teams will then proceed with the deletion of the Artist’s Profile on the Platform.
Once the Profile has been deleted, some of the Artist’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.
ARTICLE 11. PROCESSING OF PERSONAL INFORMATION
11.1 General information on the processing of the Artist’s Personal Data by Bandsintown
Bandsintown processes the Artist’s Personal Data according to the Privacy Policy, which sets forth information regarding the Personal Data used, the purpose(s) for such use, the Artists’ rights to the processing of their Personal Data, the technical and organizational measures set out to protect their privacy and other information as required by Applicable Data Protection Laws, including the CCPA (US) and the GDPR (EU).
The Artist shall refer to this Privacy Policy to access all information regarding the processing of his/her Personal Data.
11.2 Global obligations of the Parties regarding the processing of Personal Data
Both the Artist and Bandsintown may have the ability to process Personal Data of Fans registered on the Platform. Specifically, by using the Services, the Artist may have the ability to collect and process certain Personal Data from his/her Fans all around the world.
The Artist and Bandsintown shall comply with their respective obligations regarding Applicable Data Protection Laws (including local requirements that may apply to one or both of the Parties) and guarantee the protection of the Fans’ rights and freedoms with respect to their Personal Data. In furtherance of the foregoing, the Artist and Bandsintown have entered into a specific Data Protection Agreement (“DPA”) as set out in Appendix 1 of the Agreement.
11.3 Specific requirements from the California Consumer Privacy Act of 2018 (CCPA)
To the extent that the Artist is subject to the provisions of the CCPA, the Artist agrees to fully comply with the CCPA in connection with the Artist’s processing of his/her Fans’ Personal Information. Without limiting the foregoing, and in addition to the obligations set forth in Section 11.2 above and the DPA, the Artist shall:
Comply with all applicable requirements of the CCPA when collecting, using, retaining or disclosing Personal Information, e.g. ensure that such operations are reasonably necessary and proportionate to achieve the purposes for which the Personal Information was collected or processed or for another disclosed purpose that is compatible with the context in which the Personal Information collected, and not further process it in a manner that is incompatible with those purposes.
Inform his/her Fans or any other individual with a CCPA-compliant information notice whenever the Artist may be in charge of the collection of Personal Information.
Comply with any request of Fans related to their rights regarding their Personal Information, such as (i) their right to know about the Personal Information collected about them, how it is used and shared, (ii) their right to delete Personal Information collected from them, (iii) their right to opt-out of the sale of their Personal Information and (iv) their right to non-discrimination for exercising their CCPA rights.
Implement reasonable security procedures and practices appropriate to the nature of the Personal Information to protect it from unauthorized or illegal access, destruction, use, modification, or disclosure.
Aggregate, deidentify or anonymize Personal Information only when CCPA allows for such operations and use acceptable methods under the CCPA so that such information is no longer considered as Personal Information. The Artist shall, in no event, attempt to or actually re-identify any previously aggregated, deidentified or anonymized data.
The Artist shall promptly notify Bandsintown of any complaint, notice or communication that directly or indirectly relates to the Artist’s compliance with the CCPA.
11.4 Specific requirements from EU regulations on the protection of Personal Data
Without limiting any other terms of this Agreement, the Artist shall comply with all applicable laws and regulations applicable to the processing of Personal Data of residents of the European Economic Area (“EEA”) or individuals located within the EEA, including, without limitation, the GDPR.
11.5 Compliance with Marketing Laws
The Artist shall ensure that all messages sent to Fans by or on behalf of the Artist, and Artist’s activities in connection therewith, comply with all applicable laws, including, without limitation, CAN-SPAM (with respect to the United States).
ARTICLE 12. PROPRIETARY RIGHTS
12.1 Proprietary rights of Bandsintown
The Bandsintown Platform, Tools and 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, Tools, Services, software, database structures, texts, information, analyses, images, photographs, graphics, logos or any other data/material contained on the Platform, Tools and/or Services (“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 Artist 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 Artist 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.
12.2 License of use of Bandsintown IP granted to the Artist
Bandsintown grants the Artist a limited, revocable, non-exclusive and non-transferable right to use the Platform/Tools 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 Artist 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 or Tools that modify or are likely to modify Bandsintown IP, by any means whatsoever.
Use content related to other Artists or Fans other than in strict accordance with the Agreement.
12.3 License of use of Fans’ content published on the Platform/Tools
As part of their registration on the Platform and by agreeing to the Fans Terms of Use, Fans 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 (“Fans IP”).
The Fans have granted Bandsintown the right to sub-license their Fans IP to the Artist on the conditions set out below.
Bandsintown grants the Artist a limited, revocable, personal, non-exclusive and non-transferable license to use the Fans IP solely as enabled by the features and functionalities of the Services and in accordance with the terms and conditions of the Agreement.
The foregoing license granted to the Artist is not unlimited and does not include, for example:
The right to represent or have represented, to adapt or have adapted, the Fans IP for commercial purpose or any other purpose.
The right to broadcast the Fans IP to the public, by any means whatsoever, commercially or otherwise. For example, the Artist is prohibited from publishing Fans IP on social networks, in any form whatsoever, without the specific authorization of the Fans.
The right to use Fans 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 Fans IP is granted to the Artist free of charge, for the duration of the publication of such content on the Platform/Tools by the Fans.
12.4 Proprietary rights of the Artist and warranties
The Artist represents and warrants that he/she owns and controls all intellectual property rights to the text, photographs, videos, content and any other material published by the Artist through his/her Profile or otherwise made available by the Artist through the Artist’s use of the Services (“Artist 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 Artist 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 Artist through the use of the Services.
The Artist grants Bandsintown a worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable license to access, reproduce, distribute, display, publicly perform, adapt, modify, use and otherwise exploit the Artist IP on all media and means of distribution for the following purposes: (a) providing the Services, (b) promoting the Artist IP on the Platform, (c) promoting Bandsintown and its products and services, including as part of advertising campaigns and in marketing emails and newsletters sent by Bandsintown and (d) for Bandsintown’s other business purposes, which may include the provision of such Artist IP to third parties for inclusion in such third parties’ product and service offerings. Without limiting the foregoing, the Artist grants Bandsintown the right to sublicense to the Fans a non-exclusive and non-transferable license to use the Artist IP.
The Artist expressly authorizes Bandsintown to modify the Artist IP where necessary to comply with the graphic charter of the Platform/Tools 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.
The Artist grants Bandsintown a non-exclusive and non-transferable right to use, reproduce and represent its brands, names and logos within the scope of the Agreement. The Artist also grants Bandsintown the right to sub-license to allow for the distribution of advertising content. These license and sub-license are granted for the entire period of use of the Services by the Artist.
12.6 Claims regarding intellectual property rights
If the Artist believes that his/her Artist IP has been copied or used on the Platform/Tools 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: artistsupport@bandsintown.com
12.7 Digital Millennium Copyright Act
If the Artist 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 the Artist, such as an address, telephone number, and, if applicable, e-mail address.
A statement that the Artist 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 Artist 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 artistsupport@bandsintown.com. The Artist acknowledges and agrees that if he/she fails to comply with all of the requirements of this Section 12, the Artist’s DMCA notice may not be valid.
ARTICLE 13. SECURITY OF THE PLATFORM AND TOOLS
Bandsintown makes every effort to maintain the security, availability and integrity of the data transmissions on the Platform and Tools. 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 and Tools.
Bandsintown may not be held responsible in the event of malfunction, impossibility of access, poor conditions of use of the Platform/Tools due to unsuitable Device, internal malfunction of the Artist’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, TOOLS, 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, Content, products, services and user postings are hereby disclaimed. Without limiting the foregoing, Bandsintown is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of the Artist’s use of the Services.
The Artist understands and agrees that, to the fullest extent permissible by law, 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 ARTIST 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 Artist 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 on the Platform 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 Artist 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 Artist 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 Artist.
ARTICLE 15. INDEMNITY
The Artist 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, including the Manager/Analytics Services, and/or (b) his/her postings on the Platform/Tools.
Bandsintown reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the Artist and all negotiations for its settlement or compromise, and the Artist 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 Artist may contact Bandsintown by writing to the following email address: artistsupport@bandsintown.com.
16.2 Third-party platforms, services and contents
The Artist 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 Artist 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 Artist’s use of any third party services.
Therefore, the Artist 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 Artist’s Device may charge the Artist 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 Artist’s use of any Services, including wireless internet, email, text messaging or other charges or fees incurred by the Artist (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 Artist’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 Advertisements
From time to time, the Artist may choose to communicate with, interact with, or obtain third party services from Bandsintown’s advertisers, sponsors, or other promotional partners (collectively, “Advertisers”) found on or through the Services or via a hyperlinked website, service or platform.
All such communication, interaction and participation is strictly and solely between the Artist and such Advertisers and Bandsintown shall not be responsible or liable to the Artist in any way in connection with these activities or transactions.
16.5 Assignments
This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by the Artist, but may be assigned or transferred by Bandsintown without restriction, notice or other obligation to the Artist.
ARTICLE 17. DURATION
The Agreement shall remain in force for the entire duration of the Artist’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. BINDING ARBITRATION AND CLASS ACTION WAIVER
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.
Neither the Artist 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 Artist 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 Artist and Bandsintown concerning the Services or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis.
The Artist 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 Artist 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 Artist at the contact information it has for the concerned Artist. The Parties will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, the Parties may commence an arbitration proceeding. The Artist 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 Artist 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 ARTIST UNDERSTANDS AND ACKNOWLEDGES THAT THE ARTIST 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 the Artist from traveling to New York, JAMS may hold an in-person hearing in the Artist’s hometown area.
The Artist 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 Artist individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy the Artist’s individual claim.
In accordance with the JAMS Rules, the Party initiating the arbitration (either the Artist or Bandsintown) is responsible for paying the filing fee. However, if the arbitrator issues the Artist 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 Artist 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.
ARTICLE 20. GOVERNING LAW AND JURISDICTION
20.1 Governing law of the Agreement
This Agreement and the Artist’s use of the Platform, Tools and 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.
20.2 Informal conflict resolution
The Parties agree to use reasonable effort to sort any dispute or conflict informally before filing a claim against Bandsintown by contacting artistsupport@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 Articles 19 and 20.3.
20.3 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 Artist 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 the extent that the arbitration and waiver provisions set forth in the Agreement are not applicable.
If the Artist resides in a country (e.g. Member State of the European Union) which has enforceable laws giving him/her 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 Artist’s rights and shall not infringe such laws.
This Agreement was last modified on the date indicated above and is effective immediately.
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