We provide the Banders Platform to support several types services. First, we provide the Platform to help members of our community share and submit their own content with apps or services. We also provide the Banders Platform to help bands, labels, publicists, etc. create Campaigns, run Campaigns, Discover new talent and content. The Banders Platform is not intended for other types of apps or services. For those we do support, the following terms and information also apply:
- Remove within 24 hours any User Content or other information that the owner asks you to remove.
- Obtain a person’s consent before including their User Content in any ad.
- Don’t attempt to build an ad network on Banders.
- Don’t attempt to identify groups of individuals or create demographic clusters for the purpose of contacting or targeting Banders members on or off Banders.
- Protect the information you receive from us against unauthorized access, use, or disclosure. For example, don’t use data obtained from us to provide tools that are used for surveillance.
- Don’t transfer any data that you receive from us (including anonymous, aggregate, or derived data) to any ad network, data broker, influencer network, or other advertising or monetization-related service.
- Don’t use an unreasonable amount of bandwidth, or adversely impact the stability of banders.co servers or the behavior of other apps using the Banders Platform.
- Don’t reverse engineer the Banders APIs or any of Banders’ apps.
- Don’t sell, lease, or sublicense the Banders Platform or any data derived through the Platform.
- Comply with all applicable laws or regulations. Don’t provide or promote content that violates any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality. Don’t expose Instagram or people who use Instagram to harm or legal liability.
Don’t use the trademarks of Banders and its affiliates without written permission, including as authorized by applicable brand guidelines.
Things you should know
- Banders primarily communicates through email. Please ensure that the email addresses associated with your Banders account are current and that you don’t filter out these messages.
- Banders may suspend any user at any time. In addition, Banders may impose limits on certain features and services or restrict your access to parts or all of the Banders services or the Banders website without notice or liability.
- If Banders elects to provide you with support or modifications for the Banders Platform, this support may be terminated at any time without notice to you.
- Banders reserves the right to charge fees for future use of or access to the Banders Platform.
- Banders doesn’t guarantee that the Banders Platform is free of inaccuracies, errors, bugs, or interruptions, or is reliable, accurate, complete, or otherwise valid.
- The Banders Platform is owned by Banders and is available to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis in accordance with these terms. Please note that User Content is owned by users and not by Banders.
- You represent and warrant that you own or have secured all rights necessary to display, distribute, submit and deliver all content on your profile or any campaign.
- You are responsible for restricting access to your content in accordance with all applicable laws and regulations, including geo-filtering or age-gating access where required.
- You grant us and our affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any data, content, and other information made available by you or on your behalf in connection with your use of our Platform. This license survives even if you stop using the platform feature. You are responsible for obtaining the necessary rights from all applicable rights holders to grant this license.
- If you have been rewarded by a band in exchange of a piece of content you have submitted to their Campaign Page, then you grant the band permission to utilise that piece of content for promotional and commercial purposes.
- Disclaimer of Any Warranty: Banders Platform and all data derived through such Platform are provided “as is” with no warranty, express or implied, of any kind and Banders expressly disclaims any and all warranties and conditions, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and non-infringement. You are solely responsible for any damage that results from the use of any Banders Platform and all any data derived through such Platform including, but not limited to, any damage to your computer system or loss of data.
- Limitation of Liability: Banders shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Banders Platform and any data derived through such Platform, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Banders has been advised of the possibility of such damages. Under no circumstances shall Banders be liable to you for any amount.
- Release and Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against Banders, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees 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 use of the Banders Platform and data derived through such Platform. 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 which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
- Hold Harmless and Indemnify: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Banders and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Banders Platform and any data derived through the Platform, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Instagram shall use good faith efforts to provide you with written notice of such claim, suit or action.
- Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Banders Platform Terms, you and Banders shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You don’t have any authority to assume or create any obligation for or on behalf of Banders, express or implied, and you must not attempt to bind Instagram to any contract.
- Invalidity of Specific Terms: If any provision of the Banders Platform Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect.
- No Waiver of Rights by Banders: Banders’ failure to exercise or enforce any right or provision of the Banders Platform Terms shall not constitute a waiver of such right or provision.