Band Terms of Service
These are the Terms and Conditions (“Terms”) for the use of this website (“our” or “we”) and our service (the “Service”). Please read them carefully before using the service.
BY COMPLETING THE REGISTRATION PROCESS, YOU (the terms “you” or “yours” includes the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (the “Agreement”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
This agreement governs the registration and use of the services by bands, music labels, marketing agencies, and other management entities representing bands (referred to as “Band Representatives” or “You”). Please note, if you are using the services as an individual fan and not on behalf of a band, these terms may not apply to you. Your use of the services as an individual fan is governed by the Fan Terms of Service - https://fansmeet.band/fan-terms.
Please read this agreement carefully before accessing or using the Services. By accessing or continuing to use the Services, you confirm that you (a) are at least 18 years old and meet the legal age requirements to form a binding contract in your country or territory of residence, (b) are a band, music label, marketing agency, or another management entity representing a band, and (c) agree to be legally bound by all terms and conditions outlined in this agreement. If you do not accept these terms, you are not permitted to use the Services. Please note that this agreement may be revised periodically.
1. Account
You must be a human. Accounts registered by "bots" or other automated methods are not permitted. To register for the Service and create an account, you must complete the registration process by providing us with complete and accurate information as prompted by the registration form and the profile page, including your e-mail address, a username, and password. Additionally, you must provide verifiable information to confirm that the account belongs to a band or a representative of a band, and we reserve the right to require such verification before activating the account.
You shall protect your e-mail address and password, taking full responsibility for your own activities and those of any third parties that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
1. Account Activation and Expiration
As a condition of using FansMeet.Band’s services, you must be at least 18 years of age to create a band account. By creating an account, you certify that you meet this age requirement.
As a condition of your subscription to the Premium Service, you agree to pay the initial non-refundable deposit (if applicable) and all applicable service fees as described on the website at fansmeet.band (the “Service Fees”), which will be billed no more frequently than once daily. Unless otherwise stated, all fees are listed in U.S. Dollars. All Service Fees are payable monthly/yearly by charging the credit card or PayPal account provided during registration.
You certify that you are at least 18 years of age and are the cardholder of the credit card or PayPal account provided during registration. We reserve the right to deactivate your access to the Service for failure to pay applicable Service Fees. If your credit card or PayPal account expires during the term of this Agreement, you authorize us to charge any renewal card issued as a replacement.
You may cancel your premium account at any time by logging into your user account and canceling the subscription through the dashboard. However, please note that cancellation does not void your contractual obligations. You are still required to fulfill the agreed-upon contract duration, regardless of your chosen billing period (monthly or yearly). No refunds will be issued, as stated in our refund and cancellation policy: https://fansmeet.band/refund-cancellation-policy
2. License
Subject to your compliance with the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-exclusive, non-transferable license to utilize the Services and software provided by us solely for your own individual private purposes.
Except as expressly set forth herein, you shall not (i) use, reproduce, modify or create derivative works of the Service, or (ii) transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell or otherwise distribute or allow third party access to all or any portion of the Service, including, but not limited to, by sharing your access e-mail address.
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.
3. Account Information from Third Party Sites
With the Service, You may direct us to retrieve information regarding your accounts with third-party providers with which you have a relationship, maintain an account or engage in online services (“Account Information”). We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible for the products and services offered by or on third-party sites.
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any sue data or communications. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.
4. Fees
As a condition of your use of and access to the Premium Service, you agree to pay the Service Fees. We may change the Service Fees for any or all of the Service at any time and from time to time, effective immediately upon posting on our website; provided, that, no fee change will be effective as to usage of the Service which occurred prior to the effective date of the relevant fee change.
5. Conduct on Site
Your use of the site and our services is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site and the services. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site and our services, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, videos, links, sounds, data, or other information -- that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. Be likely to deceive any person;
g. Promote any illegal activity, or advocate, promote or assist any unlawful act;
h. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
i. Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
j. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising other than in the designated and declared areas provided within the platform for band accounts; or
k. Give the impression that they emanate from or are endorsed by FansMeet.Band or any other person or entity, if this is not the case.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site or services. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, collections, assets, user profile or other interactive services that may be available on or through this site and the services we offer. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Advertisements, Promotions, and User Communications; Contests and Sweepstakes
As a band or representative, you are responsible for all statements, advertisements, promotions, and engagements you make through our Services. Any interactions between you and fans, third-party advertisers, or other users of the platform are solely between you and those parties. FansMeet.Band is not liable for any loss or damage resulting from these interactions. You are solely responsible for the content of your communications and any resulting obligations. By using our Services, you agree to indemnify and hold FansMeet.Band harmless from any liability arising from your interactions with other users or third parties.
For example, our platform may provide options for you to run promotions, such as contests or sweepstakes. You are fully responsible for any promotions you operate through the Services, including but not limited to contests or sweepstakes. You agree to operate such promotions only in accordance with applicable laws.
7. Privacy
We are committed to protecting the privacy of you and the information that we gather. Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on our website. At all times your information will be treated in accordance with our Privacy Policy, which is incorporated by reference into this Agreement and can be viewed by visiting this page on our website: https://fansmeet.band/privacy-policy
8. Consent to Use of Data
You agree that we and our affiliated companies and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to technical information about your computer, system, links, traffic, application software and peripherals, that is gathered through use of the Service to facilitate the provision of updates to the Service, support and other services to you and other users related to the Service, and to verify compliance with the terms of this Agreement. We may use this information, improve our Service or to provide other services or technologies to you or our other users.
9. Confidentiality
Each Party shall treat as confidential all Confidential Information of the other Party, shall not use such Confidential Information, except as expressly permitted under this Agreement, and shall not disclose such Confidential Information to any third party without such other Party’s prior written consent. Each Party shall take reasonable measures to prevent the disclosure and unauthorized use of Confidential Information of the other Party.
The term “Confidential Information” shall mean any information disclosed by one Party to the other Party in connection with this Agreement which is disclosed in writing or orally and is identified as “Confidential” or which a Party should reasonably believe is treated as confidential by such other Party, and any other information disclosed by us that relates to the Services (including your password) that is not publicly known. Notwithstanding the foregoing, “Confidential Information” shall not include information that: (i) was developed independently by the receiving Party without any use of the Confidential Information of the other Party or by employees of the receiving Party who have no knowledge of such Confidential Information; (ii) becomes known to the receiving Party, without restriction, from a third party without breach of this Agreement or any other obligation of confidentiality; (iii) was in the public domain at the time it was disclosed or enters the public domain through no act or omission of the receiving Party; (iv) was rightfully known to the receiving Party as demonstrated by prior written records at the time of disclosure; or (v) is disclosed by agreement of the Parties or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving Party shall provide prompt notice thereof to the other Party and shall use commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information.
10. Proprietary Rights; Restrictions on Use; Intellectual Property and Your Materials
Except for the limited licenses expressly granted herein, we expressly reserve all right, title and interest in and to the Service, the content of the website, and all processing, analytics, data and other software and technology used by us in the provision of the Service (“our Technology”), including, without limitation, any derivatives, improvements, enhancements or extensions of the our Technology conceived, reduced to practice or otherwise developed on or on behalf of us, all of which are valuable assets from us, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.
You shall not: (i) use, or allow the use of, the Service or any our Technology, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Service in any manner that is inconsistent with user documentation, if any, supplied to you by us or inconsistent with our standard security procedures, if any, accessible through your user interface; (iii) attempt to reverse engineer, hack into, or compromise any aspect of the Service or our Technology, or attempt to access data of any other customer from us; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by us; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; or (vi) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our website/services, without our express written consent, which may be withheld in our sole and absolute discretion.
Your Materials
- We do not claim ownership of the Materials you provide to us; however, we do require a license to those Materials. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, paid-up, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favour of us and agree that this waiver may be invoked by anyone who obtains rights in the materials through us, including anyone to whom we may transfer or grant (including by way of license or sublicense) any rights in the Materials.
- If you owned the Materials before providing them to us then, despite uploading them to our system they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your account at any time by deleting your Account. Removing your account does not terminate any rights or licenses granted to the Materials that we require to exercise any rights or perform any obligations that arose during the Term.
- You agree that we can, at any time, review and delete any or all of the Materials submitted to the Services, although we are not obligated to do so.
11. Indemnification
You agree to indemnify, hold harmless and defend our company, at your expense, against any and all third party claims, actions, proceedings, and suits brought against us or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by us or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Service. In such a case, we will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
12. Representations and Warranties; Disclaimers
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Our company and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
We do not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that we shall not be responsible for unauthorized access to or alteration of your data.
THE SERVICE IS PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
13. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $400 (FOUR HUNDRED UNITED STATES DOLLARS).
14. Prohibited Uses
You may only use the Services for lawful purposes and in accordance with this Agreement. By using the Services, you agree not to:
- Alter, duplicate, transmit, distribute, present, upload, publish, license, or sell any content derived from the Services;
- Use any illustrations, photographs, videos, audio, or graphics separately from the accompanying text provided on the Services;
- Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices on the Services' content;
- Use the Services in any way that breaches applicable federal, state, local, or international laws or regulations, including but not limited to export laws and restrictions;
- Knowingly upload, download, send, receive, or otherwise use any material that violates this Agreement;
- Engage in conduct that restricts or inhibits other users' enjoyment of the Services, or which, as determined by FansMeet.Band, may harm the company or its users or expose them to liability;
- Use bots or any other automated technology to access the Services for any purpose, including monitoring or copying content from the Services;
- Use manual processes to monitor or copy any content on the Services or for any unauthorized purpose without prior written consent from FansMeet.Band;
- Employ any device, software, or routine that interferes with the proper operation of the Services;
- Introduce viruses or other harmful software or malicious code to the Services;
- Disrupt or interfere with any parts of the Services, including servers or databases connected to the Services;
- Otherwise attempt to impair or interfere with the functionality or proper operation of the Services.
FansMeet.Band reserves the right to take appropriate legal action, including without limitation, referring matters to law enforcement, for any illegal or unauthorized use of the Services.
15. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site/services with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site and our services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Upon any termination of this Agreement, (i) We will cease providing you the Service; (ii) any outstanding balance payable by you to us will become immediately due and payable; (iv) you will not be entitled to any refunds of any Service Fees or any other fees; and (v) all of your historical data will no longer be available to you.
16. Modifications to Terms and Other Policies
We reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to our website at fansmeet.band or such other URL as we may provide. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of our company or (ii) you continue to use the Service after we have posted updates to the Agreement or to any policy governing the Service.
17. Compliance
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable governmental laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, video, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity. Without limiting the generality of the foregoing, you expressly acknowledge that you will not use the Service in violation of the CAN-SPAM Act of 2003, as amended. You also agree to comply with any and all applicable third party network terms and conditions and associated programs rules and policies.
18. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
Contact Us
If you have any questions about these Terms of Service, you can contact us:
- By visiting this page on our website: https://fansmeet.band/contact-us
Last updated: October 29, 2024
