TERMS OF USE

BANDSINTOWN, LLC


 

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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. Impersonate any person or entity or falsely state or otherwise represent his/her affiliation with any person or entity.

  9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services.

  10. 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.

  11. 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.

  12. 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

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.

COPYRIGHT NOTICE
Copyright © 2024 Bandsintown, LLC

 

TERMS OF USE (ARTISTS)

BANDSINTOWN, LLC


 

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:

  1. (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.

  2. (ii) Claim an artist or a venue to finalize the process of registration on the Platform.

  3. (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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. Impersonate any person or entity or falsely state or otherwise represent his/her affiliation with any person or entity.

  9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services.

  10. 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.

  11. 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.

  12. 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

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.

COPYRIGHT NOTICE
Copyright © 2024 Bandsintown, LLC

 
 
 
 
 

Data Application Terms of Use

BANDSINTOWN, LLC


 

Last Updated:  February 25, 2019

Please read the following Data Applications Terms of Use Agreement (these “Data Applications Terms of Use”) carefully because the terms and conditions herein are part of the Bandsintown Terms of Use Agreement (“Terms of Use”) and represent a legally binding agreement between you and Bandsintown, LLC and its affiliates (collectively, “Bandsintown”, “we”, “our”, “us”) regarding your use of any Bandsintown (a) application programing interface (each, a “Bandsintown API”), (b) widget (each, a “Bandsintown Widget”), or (c) software application, software component or code, and any other technology, that, in each case, is made available to you by Bandsintown and enable you to use and, display certain artist and event data on your websites and/or mobile applications (the Bandsintown APIs, Bandsintown Widgets and all such other technologies, collectively, the “Bandsintown Data Applications”).  The Bandsintown APIs include, without limitation, that certain Bandsintown API made available via https://manager.bandsintown.com/support/bandsintown-api  and https://www.artists.bandsintown.com/bandsintown-api. The Bandsintown Widgets include, without limitation, that certain Bandsintown Widgets made available via https://manager.bandsintown.com/support/events-widget and https://www.artists.bandsintown.com/events-widget as well as https://manager.bandsintown.com/support/track-button and https://www.artists.bandsintown.com/track-button. These Data Applications Terms of Use also govern your use of any (y) technical specifications and/or documentation provided by or on behalf of Bandsintown relating to the Bandsintown Data Applications and your use thereof (collectively, the “Specifications”) and (z) any and all content, data and media displayed or otherwise made available through the Bandsintown Data Applications (which is made available solely for your use, display and re-distribution in connection with the Bandsintown Data Applications) (collectively, the “Bandsintown Content”). The Bandsintown Data Applications are meant to be used solely by artists, or people working in connection with or on behalf of artists (collectively, the “Bandsintown Data Application Users”). Bandsintown Data Applications cannot be used under any other circumstances unless specifically approved by Bandsintown. Unless defined separately, capitalized terms used in these Data Applications Terms of Use have the same meanings ascribed to them in our Terms of Use or Privacy Policy.

When you use or attempt to use the Bandsintown Data Applications and/or the Bandsintown Content, you are signifying your agreement with and acceptance of all these terms and conditions as part of the Terms of Use that govern your legal and contractual relationship with us. If you are using the Bandsintown Data Applications on behalf of an organization, by accepting this Data Applications Terms of Use, you agree to the terms and conditions hereof on behalf of such organization, and its parents, subsidiaries and sister companies, and you represent and warrant you have full legal authority to bind each of the foregoing entities. In such a scenario, “you” and “your” will refer to that organization, its parents, subsidiaries and sister companies.

We have the right to change the terms and conditions of these Data Applications Terms of Use at any time as described in our Terms of Use. If you do not agree with all of the terms and conditions of these Data Applications Terms of Use at any time, including, without limitation, those times when we make changes, do not use or attempt to use the Bandsintown Data Applications and Bandsintown Content, because if you do any of these things, you are agreeing to be bound by all of the terms and conditions of these Data Applications Terms of Use, including, without limitation, any changes we have made.

1. Bandsintown Data Applications. The Bandsintown Data Applications may allow for the access and retrieval of certain Bandsintown Content via the Services, which may be used, displayed and re-distributed to end users of your website(s) and software and mobile applications (collectively, “Your Website(s)”) in conformance with the Specifications, all subject to the terms and conditions of these Data Applications Terms of Use.

2. Bandsintown API app IDs; Registration Information. In order to access and use the Bandsintown APIs, you must obtain one or more unique application IDs from Bandsintown (collectively, the “Bandsintown API app IDs”). Your Bandsintown API app IDs are personal to you. You shall not sell, transfer, sublicense, disclose or otherwise allow any other person or entity to use your Bandsintown API app IDs to access and use the Bandsintown APIs and/or Bandsintown Content under any circumstances. You are solely responsible for maintaining the strict confidentiality of your Bandsintown API app IDs and for any damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Bandsintown API app IDs, your disclosure of your Bandsintown API app IDs, or your authorization to allow another person or entity to access and use any Bandsintown APIs or Bandsintown Content using your Bandsintown API app IDs. You shall immediately notify us if you become aware of any unauthorized use of your Bandsintown API app IDs or other need to deactivate any Bandsintown API app ID due to security concerns. Additionally, you may be required to provide us with certain information including, without limitation, your name or your company’s name, address, email address, the name and/or URL of Your Website(s) on which you intend to implement the Bandsintown APIs and/or display the Bandsintown Content (collectively, your “Profile Information”). You represent, warrant and covenant that any and all Profile Information and any other information or data you provide to us, is and shall be true, accurate and complete when given to us, that in providing such information to us you shall not knowingly omit or misrepresent any material facts or information, and that you shall promptly enter corrected or updated Profile Information, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Profile Information as required for your use and access to the Bandsintown APIs and Bandsintown Content, as applicable.

3. PERMITTED USE OF BANDSINTOWN DATA APPLICATIONS AND BANDSINTOWN CONTENT.

a.     Bandsintown APIs License Grant. Subject to the terms and conditions contained herein, Bandsintown grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to use the Bandsintown APIs to display Bandsintown Content on Your Websites. All calls sent to the Bandsintown APIs requesting Bandsintown Content must incorporate your applicable Bandsintown API app ID.

b. Bandsintown Widgets License Grant. Subject to the terms and conditions contained herein, Bandsintown grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to display the Bandsintown Widgets on Your Websites. For the avoidance of doubt, you may not make any Bandsintown Widgets available on any third party website or webpage not controlled by you.

c.     No Modification; No Rights of Transfer or Redistribution; Duty Not To Interfere. You shall not (or permit or facilitate any of the end users of Your Website(s) to) modify, enhance, edit, translate, adapt, copy, reverse engineer, decompile, disassemble, create derivative works based upon, extract source code from, or otherwise alter the Bandsintown Data Applications and/or the Bandsintown Content in any manner unless specifically approved by Bandsintown. You shall not sublicense, transfer, convey or assign to any third party any of the rights granted to you herein or otherwise use, market, promote, display, re-distribute or re-transmit the Bandsintown Content in connection with or via any software applications, systems, platforms or services other than the Bandsintown Data Applications via Your Website(s) as specifically permitted herein unless specifically approved by Bandsintown. You shall not (or permit or facilitate any of the end users of Your Website(s) to) (i) interfere with, impair or otherwise adversely affect, directly or indirectly, the operation of the Services, Bandsintown Data Applications and/or the display or distribution of the Bandsintown Content or (ii) use the Bandsintown Data Applications or Bandsintown Content in any manner that does or could potentially undermine the security or performance of the Services.

d.     Bandsintown Content Collection, Transfer and Use. You shall not use any automated means (e.g., scraping, robots, etc.) other than the Bandsintown Data Applications (in accordance with these Data Applications Terms of Use) to access, query or otherwise collect the Bandsintown Content or any other information or data from the Services. You may employ session-based caching of Bandsintown API results, provided that you notify us of such caching and update cached results upon any changes in the applicable metadata. For instance, if any Bandsintown Content is removed from the Services or is no longer made available for general viewing, any cached results data and media file related to such Bandsintown Content must be promptly removed from your cache. Do not transfer Bandsintown Content to unauthorized third parties, including (i) directly or indirectly transferring any data (including aggregate, anonymous or derivative data) received via the Bandsintown Data Applications to, or use such data in connection with, any ad network, ad exchange, data broker, or other advertising or monetization-related toolset, even if a user consents to such transfer or use; or (ii) to another service that competes with Bandsintown.

e.     No Violation of Laws; Infringement of Third Party Rights. You may not use the Bandsintown Data Applications or the Bandsintown Content in any manner and/or for any purpose, or in connection with any application, product, service, website or other offering, that (i) violates (x) the Terms of Use, (y) any laws, regulations, rules or ordinances or infringes or misappropriates the rights of any third party or (z) terms, conditions and requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, etc.), (ii) damages, disparages or 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, (iii) Bandsintown, in its good faith reasonable discretion, deems to be objectionable, including without limitation, facilitating and/or promoting illegal activity, depicting sexually explicit images, promoting violence, promoting discrimination, engaging in the endorsement of political positions or political candidates, or engaging in the sale or advertisement of tobacco, firearms, personal hygiene products, pornography, or religious causes, or (iv) does not conform or is inconsistent with the Specifications.

f.     Bandsintown API Usage Quotas. Bandsintown may, in its sole discretion, and without notice, monitor and restrict your use of the Bandsintown APIs at any time for any reason, including, without limitation, limiting the number of calls you may make from Your Website(s) to the Bandsintown APIs and/or the volume of Bandsintown Content that may be accessed. Bandsintown may use technical measures to prevent over-usage or stop usage of the Bandsintown APIs. Without limiting the generality of the foregoing, you may not use the Bandsintown APIs in any manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to conform or is inconsistent with the Specifications, all as determined by Bandsintown in its sole discretion. You shall not attempt to aggregate use of the Bandsintown APIs or representation of multiple Bandsintown API app IDs, if applicable, for the purpose of circumventing any such usage quotas.

g.     Other Restrictions. You shall not use, display, integrate, embed or otherwise make available the Bandsintown Content on any web pages that contain content that competes with or otherwise adversely affects the Services, Bandsintown or its affiliates and/or any of their respective brands, businesses, reputation or goodwill, as determined by Bandsintown in its sole discretion. Any use of the Bandsintown Data Applications and/or Bandsintown Content that (i) is competitive to or inconsistent with Bandsintown's own services or products, including the Services, (ii) aggregates, in any way, any Bandsintown Content with third party content (without distinction) or (iii) fails to attribute the Bandsintown Content appropriately to Bandsintown is expressly prohibited. In addition to the foregoing, you agree to comply with the following restrictions if you use Bandsintown Widgets:

i. You shall display the Bandsintown Widgets in the form made available by Bandsintown, without alteration, and in accordance with the requirements set forth in the Specifications.

ii. You shall not obfuscate the Bandsintown Widgets in any way, whether by banner advertisements or by any other means, or alter the form or format of the Bandsintown Widgets from that made available by Bandsintown.

iii. In the event that you receive information from Bandsintown or from the use of a Bandsintown Widget about visitors to Your Website, your use of such information must comply with these Data Applications Terms of Use, your end user license agreement, your privacy policy, and all applicable laws and regulations. You may not collect or store personal information about Bandsintown users such as a name, user ID, or password.

iv. You are responsible for use of Bandsintown Widgets, and for all licensing, reporting, and payment obligations to third parties required in connection with content on or within Your Website other than content within the Bandsintown Widgets.

v. The Bandsintown Widgets may not be used for commercial purposes. This restriction does not prohibit you from embedding the Bandsintown Widgets on Your Websites that contain advertising.

vi. You may not use a Bandsintown Widget to locally cache any Bandsintown Content.

h.     Monitoring. You acknowledge that Bandsintown may, but has no obligation to, monitor your access to and use of the Bandsintown Data Applications and Bandsintown Content, and collect usage data related to the same, for the purpose of ensuring quality, improving Bandsintown products and services, and verifying your compliance with these Data Applications Terms of Use and the Specifications. You shall not interfere with or impair any of Bandsintown’s efforts to do so and you agree to provide us with reasonable access to information related to your compliance with these Data Applications Terms of Use.

i.     Non-Exclusive. You acknowledge and agree that Bandsintown may develop products or services that may compete with Your Website(s) or any other products or services owned or controlled by you or any third party.

j.     No Technical Support. You acknowledge and agree that Bandsintown has no obligation to provide any software upgrades, enhancements, modifications or technical support services to you in connection with your access to and/or use of the Bandsintown Data Applications or Bandsintown Content. You are solely responsible for providing end user support and any other technical assistance to your end users.

k.   Fees. Bandsintown reserves the right at any time to impose a fee for your access to and/or use of the Bandsintown Data Applications, in Bandsintown’s sole discretion.

l. Commercial Use Restrictions. Unless you receive Bandsintown’s written approval, commercial uses are not permitted for the Bandsintown Data Applications. Such prohibited commercial uses include, but are not limited to: (i) the sale, whether integrated or as a standalone product, of the Bandsintown Data Applications or Bandsintown Content, or sale of access to any of the foregoing; or (ii) the sale of advertising, sponsorships, or promotions on the Bandsintown Data Applications or Bandsintown Content.  

m. Privacy Policy; End User Data. Each of Your Websites must provide a publicly available and easily accessible privacy policy that complies with all applicable laws, rules and regulations, and explains what data you are collecting and how you will use and disclose such data. With respect to any end user data that is provided to Bandsintown in connection with the use of the Bandsintown Data Applications or Bandsintown Content on Your Websites (including any data collected by Bandsintown as set forth in Section 4 below), you represent and warrant that you have obtained any and all necessary express consents from end users required for the transfer of such data to Bandsintown and Bandsintown’s use thereof as contemplated by these Data Applications Terms of Use.

4. BRANDING; DISPLAY OF BANDSINTOWN CONTENT. You may not remove, modify or impair the display of any trademarks, service marks, trade names, brands, logos and other distinctive identification and/or proprietary indicia legends and/or copyright notices that appear on or in connection with the Bandsintown Data Applications and/or the Bandsintown Content as provided to you (collectively, the “Branding”).  You acknowledge and agree that any Bandsintown logo that may be provided to you in connection with any Bandsintown Data Application may include a pixel/tag therein. You agree that Bandsintown may collect end user data via such pixel/tag if such logo is included on Your Website and that Bandsintown may use the same for purposes of marketing and advertising the products, services and offerings made available by Bandsintown, its affiliates or promotional partners. Bandsintown hereby grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable right and license to use, reproduce, publish, perform and display Branding solely on Your Website(s) that display the Bandsintown Content, all subject to the provisions of these Data Applications Terms of Use. You shall strictly comply with all standards and guidelines with respect to your permitted use of the Branding that could be furnished by Bandsintown at any time and all uses of the Branding in proximity to the trade name, trademark, service name or service mark of any third party shall be consistent with the same. You shall not create a combination or composite mark consisting of the Branding, commingle any Branding with that of any third party, nor shall you engage, participate or otherwise become involved in any activity or course of action that diminishes, tarnishes or otherwise adversely affects the goodwill associated with any Branding. All uses of the Branding shall inure to the benefit of Bandsintown, its suppliers and licensors, as applicable. You may not use the Bandsintown Data Applications, Bandsintown Content, or Branding for any other purpose without Bandsintown’s prior written consent. When displaying Bandsintown Content on Your Website(s), you acknowledge that the Specifications for the applicable Bandsintown Data Application(s) you are using may require you to include the Track artist, RSVP and Notify Me buttons and the ticket link(s) provided to you by the Bandsintown Data Applications as the primary ticket link(s) wherever it is used in the Bandsintown Data Application, and you agree to follow such other requirements, guidelines and “best practices” as may be specified in the Specifications.

5. OWNERSHIP RIGHTS. The Bandsintown Data Applications, Bandsintown Content, Branding and the Specifications (collectively, the “Bandsintown Materials”) are proprietary to Bandsintown and/or its respective suppliers and licensors and protected by United States copyright and other laws, as well as international treaty provisions and you must treat the same as any other copyrighted and legally protected material. As between you and Bandsintown, Bandsintown owns all right, title and interest in and to the Bandsintown Materials, including, without limitation, all intellectual and proprietary rights appurtenant thereto, and, except for the limited license granted to you herein, nothing in these Data Applications Terms of Use 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. Bandsintown has the sole right to obtain, hold and renew in its own name and for its own benefit, all patents, copyrights, registrations and other similar protection in connection with the foregoing and you hereby agree to assign, transfer and convey to Bandsintown all right, title and interest therein and will cooperate with Bandsintown and execute all documents necessary to enable Bandsintown to perfect, preserve, register and record its rights therein. You shall not contest, or assist others in contesting, the validity, enforceability, ownership, or title of the Bandsintown Materials. You do not have the right to use the Bandsintown Materials in any manner not covered by these Data Applications Terms of Use.

6. NO REPRESENTATIONS OR WARRANTIES. THE BANDSINTOWN MATERIALS ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE BANDSINTOWN MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BANDSINTOWN DOES NOT WARRANT THAT THE BANDSINTOWN MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO AND USE OR OPERATION OF THE SAME SHALL BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, TIMELY UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BANDSINTOWN NOR ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THESE DATA APPLICATION TERMS OF USE OR YOUR ACCESS TO, USE AND/OR OPERATION OF THE BANDSINTOWN MATERIALS, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT BANDSINTOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

8. RELEASE AND WAIVER. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Bandsintown, its parents, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, sponsors, business and promotional partners, operational service providers, suppliers and contractors from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your access to and use of the Bandsintown Materials. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits that you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

9. INDEMNITY. Your indemnification obligations under the Terms of Use include, without limitation, any third party claims arising from, related to or caused by (a) your use of the Bandsintown Materials (or any component thereof) or (b) your breach of the terms and conditions of these Data Applications Terms of Use.

10. TERMINATION. Bandsintown may change, suspend, or discontinue all or any aspect of the Services, and/or the Bandsintown Materials, including the availability thereof, and/or take down, remove, suspend or cease transmission of the Bandsintown Materials (or any component thereof). Bandsintown may terminate your access to and use of the Bandsintown Materials (or any component thereof) at any time and for any reason, without notice or liability of kind, and, upon notification of such termination, you shall immediately discontinue all use of and remove all Bandsintown Materials from Your Websites, and delete all Bandsintown Content (including, without limitation, any cached Bandsintown Content).

11. Relationship. There is no joint venture, partnership, agency, or fiduciary relationship existing between you and Bandsintown, and nothing in these Data Applications Terms of Use shall be construed to create or recognize any such relationship.

12. MISCELLANEOUS. You agree that Bandsintown may, at any time in its sole discretion, use your name, service or trademarks and/or logos in any publicity, promotional and marketing materials, Site listings of developers, and/or other marketing-related activities. You may not issue any public announcement regarding your use of the Bandsintown Data Applications and/or Bandsintown Content and/or use the name, service or trademarks or logos or otherwise identify or refer to Bandsintown in any press releases, publicity, marketing or promotional material without Bandsintown’s prior, express approval, in its sole discretion, in each instance. The Terms of Use, incorporating these Data Applications Terms of Use, is the entire agreement between you and us relating to the Bandsintown Materials and your use thereof and supersedes any prior or inconsistent agreements.

This Data Applications Terms of Use Agreement was last modified on the date indicated above and is effective immediately.

Copyright © 2024 Bandsintown, LLC

 

DATA PROCESSING AGREEMENT

BANDSINTOWN, LLC


 

Last Updated: April 20, 2022

This DPA applies to any processing made by the Artist with the collaboration of Bandsintown subject to the application of EU regulations and, specifically, of Regulation (EU) 2016/679 (General Data Protection Regulation or “GDPR”). The processing operations carried out by the Parties will be subject to the GDPR if (i) the Artist is located in the EU and/or (ii) if the processing implies Personal Data from Fans residing in the EU.

The DPA is complementary to the provisions on the protection of Personal Data set out by the Terms of Use Artists.


This Data Processing Agreement (“DPA”) is 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 348 West 57th street, Suite 107 New York, NY 10019, represented by M. Fabrice Sergent (“Bandsintown”).

Both the Artist and Bandsintown (the “Parties”) entered this DPA at the moment of registration of the Artist on the Bandsintown Platform in order to ensure their compliance with the provisions of EU Regulations and, in particular, with the provisions of 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 (General Data Protection Regulation or “GDPR”).

Consequently, the Parties are undertaking specific commitments under this DPA regarding the protection of Data subjects’ Personal Data and privacy, which complements their rights and obligations set out by the Terms of Use Artists

In the event of any contradiction between the provisions of this DPA and the Terms of Use Artists or any other document agreed between the Parties, the provisions of this DPA shall prevail.

ARTICLE 1. DEFINITIONS

Capitalized terms shall have the meaning given to them in this Article, whether they are used in plural or singular form.

CCPA: means the California Consumer Privacy Act of 2018 and the regulations promulgated thereunder.

EU Data Protection Laws: means any applicable data protection law or regulation under an EU Member State and European regulations, including GDPR. 

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.

Personal Data: means any information relating to an identified or identifiable natural person (“Data subject”); 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. 

All capitalized terms that are not described in this Article or the Terms of Use Artists shall have the meaning given to them by Article 4 of the GDPR.

ARTICLE 2. PURPOSE OF THE DPA

This DPA aims to ensure that both Bandsintown and the Artist comply with their legal obligations regarding the protection of the privacy of Data subjects. 

It also aims to determine their qualifications under GDPR and, therefore, their responsibilities towards the Data subjects and competent Supervisory Authorities. 

Finally, the DPA will serve as a reminder for the Artist on the precautions and commitments undertaken to ensure his/her compliance. 

ARTICLE 3. DESCRIPTION OF PROCESSING AND QUALIFICATIONS OF THE PARTIES

By using Bandsintown Platform and Tools, both Parties may collect and process Personal Data. Specifically, the Artist may collect and use Personal Data when using:

  • The contact functionality of the Platform to access an Opt-in list of Fans following the Artist on the Platform. 

  • The new fan acquisition flow widget plugged on the Artist’s website(s) to collect Personal Data from Fans giving consent to receive news and other marketing emails from the Artist. 

  • Marketing tools made available by Bandsintown on the Platform (including retargeting tools), etc. 

Bandsintown also collects and processes Personal Data related to Data subjects and Artists registered on the Platform. 

The main categories of processing concerning both Parties are the following: 

  • Collection of Personal Data (specifically through the use of the fan acquisition flow widget(s)) to enable the distribution of marketing communications and newsletters. In this case, the processing is made possible with the cooperation of both Parties regarding the implementation of means for the processing. Both Parties have identified the purpose of the processing. Therefore, the Artist and Bandsintown act as Joint Data Controllers according to the GDPR. 

  • Use of Data subjects’ Personal Data throughout the use of the Platform by the Artist (to enable the publication of messages, have access to statistics regarding his/her fans, etc.) for the purpose of optimising and improving the Artist’s visibility and relations with Data Subjects. For this processing, the Artist is acting as an independent Data Controller according to the GDPR. 

  • Use of the Artist and Data Subjects’ Personal Data by Bandsintown in the conditions set out in the Privacy Policy published on the Platform. The purpose of such processing is to allow both the Artist and the Data subjects to fully use the Platform and/or Tools made available by Bandsintown. For this processing, Bandsintown is acting as an independent Data Controller according to the GDPR. 

Depending on their qualifications, the Parties may undertake different commitments and have different responsibilities regarding the processing of Personal Data. 

ARTICLE 4. OBLIGATIONS AND COMMITMENTS OF THE ARTIST AS A DATA CONTROLLER

The Artist undertakes to comply with the EU Data Protection Laws, including all provisions set out by the GDPR and concerning Data Controllers. 

In particular, when the Artist handles Personal Data as a Data Controller (e.g. download of Personal Data through the Platform, creation of an Opt-in list for the diffusion of advertising contents to Data subjects, etc.), the Artist shall: 

  • Ensure that the collection of Personal Data is fair and lawful. 

  • Ensure the confidentiality, security and integrity of the Personal Data processed, in particular according to Article 32 of the GDPR. This means that the Artist must implement adequate technical and organizational measures to guarantee the protection of the Personal Data processed. 

  • Ensure a fair use of the Personal Data according to the initial purpose of the processing. 

  • Refrain from communicating Personal Data to third parties unless such communication is lawful (e.g. the Data subject has given explicit consent for such communication). 

  • Make sure the Data subjects are informed on the processing carried out by the Artist, especially ensure that all information as listed by Articles 13 and/or 14 of the GDPR are given in a clear and understandable way to the Data subjects. 

  • Create and maintain data bases containing valid Opt-in Data subjects’ contacts (which means that the consent must still be valid). If the Data subject has objected to the reception of communications by the Artist, his/her Personal Data should not be used further for the same purpose. In the same way, if the Artist did not have a contact with the Data subject for the past 3 years, the Artist should stop using the Personal Data of this Data subject. 

The fans Opt-in List made available on the Artist’s environment on the Platform will inform the Artist on the date of the last contact between the Fan and Bandsintown. 

  • Make sure the Data subjects are able to exercise their data protection rights according to the GDPR (e.g. right to access, to object, withdrawing of consent, etc.). This means, for example, inserting an “unsubscribe” link in all email communications sent to Data subjects. A generic email address should also be provided to Data subjects to allow them to send their request to exercise their rights to the Artist. 

  • Only keep Personal Data for an adequate and proportionate retention period. Such retention period may be identified by local laws, local recommendations from the Supervisory Authority of the country where the Artist is located or identified by the Artist according to the purpose of the processing carried out. 


ARTICLE 5. OBLIGATIONS AND COMMITMENTS OF BANDSINTOWN AS A DATA CONTROLLER

Bandsintown undertakes to comply with EU Data Protection Laws, including with all provisions set out by the GDPR and concerning Data Controllers. 

In particular, where Bandsintown acts as a Data Controller (e.g. regarding processing established for the performance of the Platform), Bandsintown undertakes to: 

  • Ensure that the collection of Personal Data is fair and lawful. 

  • Ensure the confidentiality, security and integrity of the Personal Data processed through its Platform and Tools. In particular, Bandsintown has implemented technical and organizational measures according to Article 32 of the GDPR in order to (i) prevent Personal Data from getting distorted, damaged or communicated illegitimately, (ii) to minimize the risks of any misuse or fraudulent use of the Personal Data and (iii) to prevent any loss, unwanted destruction or alteration of the Personal Data.   

  • Ensure a fair use of the Personal Data according to the initial purpose of the processing. 

  • Refrain from communicating Personal Data to third parties unless such communication is lawful (e.g. the Data subject has given explicit consent for such communication).

  • Make sure the Data subjects are informed on the processing carried out on the Platform or via the Tools, according to Articles 13 and/or 14 of the GDPR (e.g. information on forms collecting Personal Data, Privacy Policy kept updated on the Platform, information notices at the end of emails, etc.).  

  • Make sure the Data subjects are able to exercise their data protection rights according to the GDPR (e.g. right to access, to object, withdrawing of consent, etc.). Bandsintown has appointed a Data Protection Officer (“DPO”) who will handle Data subjects’ rights. The DPO can be reached at the following address: dpo@bandsintown.com.  

  • Only keep Personal Data for an adequate and proportionate retention period, according to the restrictions set out by the EU Data Protection Laws. 

ARTICLE 6. OBLIGATIONS AND COMMITMENTS OF THE PARTIES AS JOINT DATA CONTROLLERS

6.1 Cooperation of the Parties

In any event, the Parties undertake to cooperate closely and in good faith on the scope of the processing operations they carry out jointly, to the fullest extent possible. This collaboration is essential to ensure the compliance of each Party with its obligations under the EU Data Protection Laws.

6.2 Instructions regarding the purpose of the processing

The Parties agree that they process Personal Data jointly for marketing purposes and/or to allow the distribution of their newsletters to consenting Data subjects. 

Therefore, Bandsintown is editing specific widgets allowing for the acquisition of data both by Bandsintown and/or the Artist depending on the consent of the Data subject. 

The Artist allows for the implementation/activation of the widget(s) on his/her environment on the Platform and/or on his/her websites. 

6.3 Lawfulness, fairness and proportionality of processing operations

The lawfulness of the processing operations carried out jointly by the Parties is based on the collection of the Data subjects’ consent. Bandsintown is responsible for the lawfulness of the processing operations in that it is technically editing the widget(s) allowing for the collection of Personal Data. Therefore, Bandsintown ensures that its widget(s) are GDPR compliant, in particular regarding the information of Data subjects and the collection of their valid consent. 

Once the Personal Data is communicated or accessed by the Artist, the Artist will be in charge of informing the Data subject and allow them to unsubscribe or withdraw their consent for the processing. 

6.4 Security and confidentiality of the Personal Data

Both Parties should implement, on their scope, technical, material and organizational measures to: 

  • Prevent the Personal Datadata collected from being distorted, damaged or communicated to unauthorised recipients.

  • Avoid any misuse or fraudulent use of the Personal Data they collect or receive. 

  • Protect the Personal Data against loss, unwanted destruction or alteration. 

  • Ensure that only authorized recipients may access the Personal Data and that these authorized recipients are subject to a confidentiality clause and are made aware of the importance of data protection matters. 

  • Remedy and handle any Personal data breach occurring on their scope and notify the other Party of such incident in writing at the earliest opportunity and, where possible, 72 hours at the latest after becoming aware thereof. The Parties will then cooperate, where applicable, to comply with GDPR requirements regarding the notification of the data breach to the competent Supervisory authority and/or the information of Data subjects on the data breach. Notification of the breach must specify a description of :

  • The type of breach of Personal data;

  • The probable consequences of the breach of Personal data;

  • The measures taken to remedy the breach of Personal data.

Bandsintown is responsible for the technical security of its Tools and the Platform (including the widget(s)). However, the Artist is responsible for maintaining the security and confidentiality of the Personal Data once received by and/or made accessible to the Artist. 

Where a transfer of Personal Data is carried out by one Party to the other, the Parties agree to use only a secured means of communication (e.g. use of HTTPS or FTP protocols, data encryption, etc.). 

The Artist shall cooperate with Bandsintown and shall refrain from disrupting the implementation of the security measures planned for the processing operations that the Parties carry out jointly. In case a vulnerability is suspected or discovered by the Artist on the security of the processing carried out jointly with Bandsintown, the Artist undertakes to inform Bandsintown as soon as possible in order to allow it to correct the vulnerability. 

6.5 Data subjects’ rights

Bandsintown is in charge of informing the Data subjects on the Platform and/or on its Tools according to the information listed by Article 13 and 14 of the GDPR. 

It is specified that the Data subjects have the right to contact either or both of the Parties in the context of a request to exercise their rights.

In order to ease the processing of such request, the Parties agreed to mention a generic email address in the information given to the Data subjects for the processing they carry jointly: dpo@bandsintown.com

The Parties undertake to cooperate actively with each other and, in particular, to communicate to each other any request for the exercise of rights which is directly addressed to them, as soon as possible.

Regarding the right to withdraw consent given to Data subjects, Bandsintown has implemented a specific privacy setting allowing the Fans to withdraw consent through his/her account on the Platform. This withdrawal will automatically update the fan Opt-in List made available to the Artist. 

In the event of a complaint made directly by a Data subject to the Artist about the lawfulness of the processing operations, the Parties agree: 

  • The Artist may communicate this request to Bandsintown which will be responsible for responding to the Data subject with the adequate evidence relating to the collection of his/her consent. 

  • The Artist may ask Bandsintown to communicate as soon as possible the elements of proof related to the collection of the Data subjects’ consent and choose to answer directly. 

It is reminded to the Parties that: (a) Article 12.3 of the GDPR provides that the Data subject must be provided with information on the measures taken in response to a request to exercise his or her rights as soon as possible and in any event within one (1) month of receiving the request; and (b) under CCPA, a business must complete a consumer’s request within 45 days of receiving a verifiable consumer request from the consumer.  

The Parties shall use their best endeavours to comply with the legal time limits and to respond effectively to any request for the exercise of rights made by a Data subject/consumer.

6.6 Sub-processing to third parties 

Each of the Parties may use Sub-processors in the context of the processing operations they carry out jointly.

ARTICLE 7. BANDSINTOWN REPRESENTATIVE IN THE EUROPEAN UNION

As part of its activity, Bandsintown collects through its Platform and Tools Personal Data of users located in the European Union.

In compliance with article 27 of the GDPR, Bandsintown has designated a representative established in the European Union.

Bandsintown's representative's main mission is to facilitate the communication between data subjects and Bandsintown, in order to make the exercise of data subjects’ rights effective.

Moreover, the representative performs its tasks according to the mandate received from Bandsintown, including cooperating with the competent supervisory authorities with regard to any action taken to ensure compliance with the GDPR. In practice, this means that a supervisory authority would contact the representative in connection with any matter relating to the compliance obligations of Bandsintown, and the representative shall be able to facilitate any informational or procedural exchange between a requesting supervisory authority and Bandsintown.

Bandsintown's representative contact is as follow:

Perspectives Lawfirm
Email: contact@forperspectives.com 
Address: 6, rue Halevy 75009 Paris, FRANCE

ARTICLE 8. LIABILITY

Each Party is fully liable for its compliance with the EU Data Protection Laws with respect to its processing activities. 

Bandsintown shall in no event be held responsible for a breach of the Artists’ obligations under this Agreement and/or applicable law. The Artist shall indemnify Bandsintown against any claim or action brought upon by a Data subject, a competent Supervisory authority or any other third party concerning any such breach by the Artist. 

ARTICLE 9. TERM – COMING INTO FORCE

This DPA comes into force at the moment of the registration of the Artist on the Bandsintown Platform and shall remain in force as long as the Artist is using the Platform.

 

PRIVACY POLICY

BANDSINTOWN, LLC