Bandtwango General Terms & Conditions
- Acceptance of Terms: Bandtwango Music LLC (“Bandtwango”) is an online service that facilitates music fans (a “Fans”) contributing to the costs of independent musician’s (the “Artist”) music (recording studio costs, video production, etc.), touring and performances (“Bandtwango Presents”), and also to contribute to a charity or cause designated by the Artist (“Special Projects”) (collectively, the “Service”). The Service is operated from the website www.bandtwango.com. The use of the Bandtwango Service by an Artist to raise money from Fans shall be referred to as a “Campaign”. To participate in the Service you must read and accept all of the terms and conditions of this agreement. Artists are also subject to the terms and conditions in Supplemental Terms and Conditions – Artists, which is incorporated by reference into this agreement. Bandtwango may modify the terms of this agreement, in our sole discretion, by posting amended terms to the bandtwango.com website. Your continued use of the service indicates your acceptance of the amended agreement.
- Responsible Use / Code of Conduct: As a condition of participation in the Service you will not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Bandtwango. Further your use of the Service will be in conformity with the Bandtwango Code of Conduct, which is incorporated by reference into this agreement. Bandtwango may remove any content or account at any time for any reason at its sole discretion.
- Abuse: To report any abuse of the Service please email: info@Bandtwango.com
- Content: All postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for any item of Content that you post, email or otherwise make available via the Service. Bandtwango does not control, and is not responsible for, Content made available through the Service, and by using the Service you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Bandtwango makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in such Content. You must evaluate, and bear all risks associated with, the use of any Content or any reliance on said Content, and in no circumstances will Bandtwango be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that Bandtwango does not pre-screen or approve Content, but that Bandtwango shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service for any reason.
- Trademark and Copyright: Bandtwango, Bandtwango Presents, Bandtwango Special Projects, Bandtwango.com, the Bandtwango logo, and other names, logos, icons and marks identifying Bandtwango products and services are trademarks of Bandtwango Music LLC and may not be used without the prior written approval of Bandtwango Music LLC. All rights not expressly granted in this agreement are reserved.
Terms Applicable to All Bandtwango Payments
- In order to make a purchase you must be over  years of age and possess an acceptable valid credit or debit card issued by a bank acceptable to us, or a Paypal account. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the purchase items such as concert tickets, books, albums, videos, t-shirts and other goods both physical and digital (Merchandise).
- Dispatch times for Merchandise may vary according to availability and no guarantees or representations are made as to delivery times. The Artist is responsible for setting the date on which the deliverables will be satisfied (the “Fulfilment Date”) if applicable. The Artist will confirm to you when the Merchandise you have ordered has been dispatched. However, delivery times may vary depending on the territory in which the Fan resides. If the Artist anticipates that Merchandise due to a Fan will not be sent by the Fulfilment Date, they will be responsible to notify you of the delay in delivery and inform you of the new Fulfilment date (the Fan may be entitled to a full refund from the Artist in relation to any Merchandise not dispatched).
- It is your obligation to keep delivery information for order up to date. Refunds will not be given for orders shipped to the wrong address.
Terms Applicable Fan-funding Project Payments
- Bandtwango and its payment partners will authorize a charge on your credit card (or other payment method) for the full amount of your Contribution, at any time between the making of the Contribution and the collection of funds.
- You may cancel your Contribution at any time prior to us notifying you that the Fan-funding Campaign has reached its Contribution Goal by logging onto the Bandtwango website’s ‘Contact’ page. Then click ‘Contact us about a Contribution’ to request a cancellation.
- Once a Fan-funding Campaign has reached its Contribution Goal, any refunds given to a Fan are at Bandtwango’s sole discretion. Where a refund is given, the refunds will be credited to the original method of payment, and can take 7 to 10 working days to process. Due to anti-money laundering regulations Bandtwango will only refund funds back to the original credit or debit card used to make the Contribution.
- Responsibility for fulfilling the Fan-funding Campaign lies entirely with the Artist, and Fans make Contributions entirely at their own risk. We do not represent that Contributions will be used as described by an Artist and Bandtwango will not be responsible for the failure by an Artist to meet any commitments in relation the Fan-funding Campaign or for the misuse of Contributions by the Artist. Bandtwango may, at its sole discretion, refund Fans for exclusives not received and incomplete Projects.
- Bandtwango will engage in commercially reasonable efforts to collect monies committed by Fans, however Bandtwango does not guarantee that it will collect the full amount of money committed by Fans. Bandtwango reserves the right to terminate a Fan-funding Campaign and refund all Fans payments at any time for any reason.
Terms Applicable to Non-Goal Project Payments
- Dispatch times for immediate purchase Merchandise without a Fulfilment Date may vary according to availability and no guarantees or representations are made as to delivery times.
- Termination: Bandtwango may terminate or suspend any and all Services, and your Bandtwango account, immediately and without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Bandtwango account, you may simply discontinue using the Services or send an email to: info@Bandtwango.com (all termination request will be completed within 30 days). All provisions of the General Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.
- Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM BANDTWANGO IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/ OR OTHER CONTENT. THE SERVICES AND/OR OTHER CONTENT YOU DOWNLOAD FROM BANDTWANGO ARE PROVIDED ON AN “AS IS” BASIS. BANDTWANGO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BANDTWANGO MAKES NO WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM BANDTWANGO WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BANDTWANGO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
- Limitation of Liability: IN NO EVENT WILL BANDTWANGO OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF BANDTWANGO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BANDTWANGO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BANDTWANGO FOR THE SERVICE, BUT IN NO CASE WILL BANDTWANGO ’S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO SUMS ARE PAID TO BANDTWANGO FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BANDTWANGO, REGARDLESS OF THE CAUSE OF ACTION.
- External Links: Bandtwango may provide links to other websites or resources, however Bandtwango is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bandtwango shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- Indemnity: You agree to indemnify and hold Bandtwango, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any content, any third party content you post or share on or through Bandtwango, your use of the Service or Bandtwango, your conduct in connection with the Service or Bandtwango or with other users of the Service or Bandtwango, or any violation of this Agreement, any law or the rights of any third party.
- Entire Agreement: This agreement constitutes the entire agreement between you and Bandtwango regarding the use of the Service, superseding any prior agreements between you and Bandtwango relating to the Service. The failure of Bandtwango to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. No variation to this agreement will be binding upon Bandtwango unless it is made in writing and signed by a director or officer of Bandtwango.
- Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the State of Tennessee law, without regard to its conflict of laws principles. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the State of Tennessee courts. You waive any claim that any a legal proceeding (including any tort claim) brought in accordance with this clause has been brought in an inconvenient forum or that the venue of that proceeding is improper.
Supplemental Terms and Conditions – Artists
- Bandtwango Music LLC (“Bandtwango”) is an online service that facilitates music fans (a “Fans”) contributing to the costs of independent musician’s (the “Artist”) music (recording studio costs, video production, etc.), touring and performances (“Bandtwango Presents”), and also to contribute to a charity or cause designated by the Artist (“Special Projects”) (collectively, the “Service”). The Service is operated from the website www.bandtwango.com. The use of the Bandtwango Service by an Artist to raise money from Fans shall be referred to as a “Campaign”. These Supplemental Terms and Conditions govern the relationship between Bandtwango and an Artist in relation to the Service.
- Signing up: In signing up to use the Service, or during their Campaign, Artists may be requested to provide information to Bandtwango relevant to their Campaign. Artists will provide this information promptly and in good faith, and provide all other assistance and information reasonable requested by Bandtwango.
- Bandtwango will deduct its fee before transmitting the proceeds of a Campaign (Fan-funding, Special Projects, Presents) to you. Our standard rate of commission is 15% of the gross amount of the Goal Contribution in relation to Fan-funding.
- International payments and certain payment methods may give rise to higher payment processing costs. We will ensure that your proceeds from a Campaign are not lower than agreed on account of payment processing costs.
- Prior to having received any payment from Bandtwango in relation to any Campaign, you may cancel the Campaign at any time (Bandtwango shall be responsible for any refunds due to the Fan). However, if you have received payment from Bandtwango in relation to a Campaign you wish to cancel you are solely responsible for any refund that may be due to Fans up to the total amount received from Bandtwango by you in relation to that Campaign.
- Some Contributions cannot be collected (for instance, when a Fan’s credit card expires before a Contribution has been paid in full, and they do not provide updated payment information). Although, Bandtwango will make reasonable attempts to contact a Fan whose payment method is declined in order to rectify the issue, in such circumstances we cannot guarantee that the amount of the Contribution you receive will be exactly equal to the Goal Contribution minus Bandtwango’s fee.
- We do not make any guarantees with respect to the timing of receipt of funds, which may be subject to payment processing or other delays. Do not take any actions in reliance on the receipt of funds until you are in receipt of cleared funds.
In relation to Fan-funding Campaigns:
- If requested Bandtwango shall transfer to the Artist 60% of the Contribution Goal, one week following the later of:
- The Campaign reaching its Contribution Goal;
- Bandtwango receiving 100% of the Contribution Goal in cleared funds; and
- The Artist making available for public consumption the project to which the Campaign and Contributions relate.
- The remaining 40% (of the set Goal amount) due to the Artist (Retained Funds) shall be paid to the Artist in accordance with a pre-determined schedule agreed by both Bandtwango and the Artist.
- All additional funds raised by the Artist beyond the Contribution Goal shall be retained by Bandtwango for three calendar weeks to satisfy any refunds, exclusives or other payments outstanding from the Artist to any Fans in connection with the relevant Campaign (Fan Payments). Following the end of the two week period, Bandtwango shall transfer to the Artist a sum equal to the Retained Funds minus the Fan Payments.
- If the Artist wishes to receive payments other than as detailed above (Special Payment Request), Bandtwango will assess each Artist request and will have sole discretion to decide whether the request is complied with. An Artist must send the Special Payment Request to the campaign manager the week before he hopes to be paid the requested funds. Bandtwango shall assess the request on, among other things, the total number of Merchandise due to be fulfilled versus the total Campaign funds left in balance.
- Withdrawal before Contribution Goal: Artists may at any time before reaching their Contribution Goal, but always on 30 days notice, withdraw from the Service and terminate their Campaign by emailing info@Bandtwango.com and providing details of their reasons.
- Withdrawal after Contribution Goal: Artists who have reached their Contribution Goal are committed to completing their project. If for any reason this is not possible the Artist must immediately inform Bandtwango of this fact, and cooperate fully and in the utmost of good faith with Bandtwango to address this situation in a way that is consistent with the interests of Bandtwango, the Artist, and involved Fans.
- Disbursement of Contributed monies: Monies collected by Bandtwango for a Campaign will be held on account for the Artist. Bandtwango will immediately make any Charitable Contributions required by the Campaign in the Artist’s name, and then disburse funds to cover the Artist’s recording and associated expenses (including Bandtwango’s fee for running the Campaign) directly to the service providers involved. The Artist and Bandtwango will agree together on which services providers are suitable for the Artists Campaign requirements, and Bandtwango shall contract directly with these service providers for the Artists requirements. If Bandtwango has reason to believe that Artist will not complete their Campaign obligations Bandtwango may cease to disburse funds for the Artist, and require that the Artist enter into discussions with Bandtwango to address Bandtwango’s concerns regarding the completion of the campaign obligations. If the Artist and Bandtwango are unable to reach a satisfactory agreement regarding the outstanding campaign obligations of the Artist, Bandtwango Music LLC may terminate the Campaign and refund monies to Fans of the Campaign in proportion to the amounts remaining in the account for the Campaign. Interest on all funds held shall accrue to the benefit of Bandtwango Music LLC.
- ChargeBacks and Refunds: If, for any reason, Bandtwango is required to refund monies to Fans of a Campaign, the Artist will fully compensate Bandtwango for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs.
- Intellectual Property: Artist shall fully own all the intellectual property to all publishings and recordings they create through or result from their Campaign. Artist grants to Bandtwango a non-exclusive, worldwide, royalty free license to reproduce, digitally distribute, and publicly perform the recordings (as well as any underlying musical compositions) created or contributed by the Artist as part of the Campaign via any means developed, owned, or controlled by Bandtwango or its partners solely for the purposes of promoting the Artist’s Campaign or Bandtwango. Artist also grants to Bandtwango a non-exclusive, worldwide license to (i) to reproduce, display and distribute any artwork, photographs supplied by the Artist, liner notes, metadata, track data lyrics and editorial content relating to the recordings, and (ii) to use the name (including professional name(s)), likeness, performances, photographs, and biographical material of each performer, producer, and songwriter featured on a recording, in connection with promoting the Artist’s Campaign or Bandtwango. Notwithstanding the foregoing, Artist acknowledges and agrees that Bandtwango’s business model may involve free promotional downloads and/or streams of recordings.
- Representations, Warranties and Indemnities: Artist hereby warrants and represents that: (i) It has the right and power to enter into and fully perform all of its obligations under this Agreement; (ii) It has the authority and right to provide Bandtwango with the rights granted herein; (iii) Bandtwango’s exercise of the rights granted herein will not infringe upon any copyright, trademark, right of publicity, moral right or other proprietary, intellectual property, contractual or other right of any person anywhere in the world; (iv) Neither the recordings, nor any other content provided to Bandtwango by the Artist violate any applicable laws or regulations, including, without limitation, defamation and obscenity laws; (v) The recordings do not include any unlicensed samples or interpolations, Artist shall have the sole responsibility to ensure, as necessary, that all recordings are fully licensed; (vi) No agreement of any kind entered into by Artist does or will interfere in any manner with Bandtwango’s complete performance of this Agreement, or with the rights granted to Bandtwango herein; and (vii) Bandtwango shall not be required to make any payments to third parties in connection with exploitation of the Masters, Controlled Compositions or Content hereunder. Artist will defend, indemnify, and hold harmless Bandtwango, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, and agents, with respect to any claim, demand, cause of action, or debt or liability brought by or claimed by any third party, including attorneys’ fees, to the extent that any such claim is based upon or arises out of a breach of any of Licensor’s representations, warranties, covenants, or obligations.
- Tax or other financial obligations: Artist will be fully responsible for any taxation or other financial obligations arising out of its participation in the service. If, for any reason, Bandtwango is required to pay any monies relating either directly or indirectly to an Artist’s campaign, Artist shall fully reimburse Bandtwango for those amounts within 30 days of being informed of these payments.
Code of Conduct
- Principles: Bandtwango Music LLC (“Bandtwango”) is an online service that facilitates music fans (a “Fans”) contributing to the costs of independent musician’s (the “Artist”) music (recording studio costs, video production, etc.), touring and performances (“Bandtwango Presents”), and also to contribute to a charity or cause designated by the Artist (“Special Projects”) (collectively, the “Service”). In order to facilitate this we require that all users of the Service abide by this Code of Conduct. Bandtwango may modify the terms of this Code of Conduct, in our sole discretion, by posting amended terms to the Bandtwango.com website. Your continued use of the Service indicates your acceptance of the amendments.
When using the Service activities that are not permitted include, but are in no way limited to, the following:
- to act in an abusing or threatening way;
- to intimidate or impersonate anyone;
- any illegal acts;
- any infringement of intellectual property rights;
- any commercial activities not approved in writing by Bandtwango
You will not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a Bandtwango employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is false, deceptive, misleading, or deceitful;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation;
- that includes links to commercial services or web sites;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
You agree not to:
- contact anyone who has asked not to be contacted
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Bandtwango;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to Bandtwango’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or Bandtwango website; or
- use any form of automated device or computer program that enables the submission of postings on Bandtwango without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, or engage in any other acts which could be considered “gaming the system”