FindBanda.com General User Agreement
Effective: September 1, 2020
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FINDBANDA, AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “FINDBANDA,” “COMPANY,” “WE,” “US,” OR “OUR”).
SECTION 12 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
User Service Agreement
Software is defined as the Company website, located at https://www.FindBanda.com/ (“Website”), and the Company’s mobile applications (“Application”), and any other software supplied by the Company. Services is defined as information, services, features, or resources available or enabled via the Software (each, a “Service” and collectively, the “Services).
The User agrees as follows:
1. Acceptance of this Agreement. FindBanda, provides an online marketplace connection, using web-based technology that connects you and other consumers with Bandas and/or other businesses (“Contractors”). FindBanda’s Software and/or Services permits consumers to place bookings for live music performances. Once such bookings are made, the Software and/or Services notifies Contractors that a booking opportunity is available and the Software and/or Services facilitates completion of the booking to the consumer. FindBanda is not a Banda or musical performance company.
If you access any of our websites located at https://www.FindBanda.com/ or install or use our FindBanda mobile application, install or use any other software supplied by FindBanda, or access any information, function, or service available or enabled by FindBanda, or complete the FindBanda account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
(a) you have read, understand, and agree to be bound by this Agreement;
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with FindBanda; and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.
The terms “User” and “Users” refer to all individuals and other persons who access or use the Software and/or Services, including, without limitation, any organizations that register accounts or otherwise access or use the Software and/or Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Software and/or Services.
2. Modifications. Subject to Section 12 of this Agreement, FindBanda reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software and/or Services at any time, effective upon posting of an updated version of this Agreement through the Software and/or Services. You should regularly review this Agreement, as your continued use of the Software and/or Services after any such changes constitutes your agreement to such changes.
4. Rules and Prohibitions. Without limiting other rules and prohibitions in this Agreement, by using the Software and/or Services, you agree that:
(a) You will only use the Software and/or Services for lawful purposes; you will not use the Software and/or Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, FindBanda employees, or our community.
(b) You will only use the Software and/or Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
(c) You will only access the Software and/or Services using means explicitly authorized by FindBanda.
(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Software and/or Services.
(e) You will not use the Software and/or Services to cause nuisance, annoyance or inconvenience.
(f) You will not use the Software and/or Services, or any content accessible through the Software and/or Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Banda, user, or Contractor, unless FindBanda has given you prior permission to do so in writing.
(g) You will not copy or distribute the Software and/or Services or any content displayed through the Software and/or Services, including Bandas’ listing content and reviews, for republication in any format or media.
(h) You will not compile, directly or indirectly, any content displayed through the Software and/or Services except for your personal, noncommercial use.
(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
(j) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Software and/or Services.
(k) You will use the Software and/or Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Software and/or Services or content displayed by the Software and/or Services to a third party.
(l) You will not use the Software and/or Services in any way that could damage, disable, overburden or impair any FindBanda server, or the networks connected to any FindBanda server.
(m) You will not attempt to gain unauthorized access to the Software and/or Services and/or to any account, resource, computer system, and/or network connected to any FindBanda server.
(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures FindBanda may use to prevent or restrict access to the Software and/or Services or use of the Software and/or Services or the content therein.
(o) You will not deep-link to our Software and/or Services or access our Software and/or Services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our Software and/or Services or any content on our Software and/or Services.
(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Software and/or Services.
(q) You will not try to harm other Users, FindBanda, or the Software and/or Services in any way whatsoever.
(r) You will not engage in threatening, harassing, racist, sexist, or any other behavior that FindBanda deems inappropriate when using the Software and/or Services.
(s) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Software and/or Services.
(t) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time users.
(u) You will not attempt to undertake any of the foregoing.
In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.
5. Communications with FindBanda. By creating a Findbanda account, you electronically agree to accept and receive communications from FindBanda, Contractors, or third parties providing services to FindBanda including via email, text message, calls, and push notifications to the cellular telephone number you provided to FindBanda. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of FindBanda, its affiliated companies and/or Contractor, including but not limited to communications concerning bookings placed through your account on the Software and/or Services. Message and data rates may apply. To opt-out of receiving promotional text messages from FindBanda, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, delivery text messages between you and Bandas are transactional text messages, not promotional text messages.
6. User Account. You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Software and/or Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Software and/or Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify FindBanda immediately. FindBanda will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by FindBanda or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or FindBanda has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, FindBanda has the right to suspend or terminate your account and refuse any and all current or future use of the Software and/or Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use the Software and/or Services. You agree not to create an account or use the Software and/or Services if you have been previously removed by FindBanda, or if you have been previously banned from use of the Software and/or Services.
7. User Content. User Content, Feedback, and Ratings and Reviews are defined as:
(a) User Content. The Company may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit (“Make Available”) through the Services. You hereby grant the Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with the Company’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant the Company a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you.
(b) Feedback. The User agrees that any submission of any ideas, suggestions, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that the Company has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
(c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of the Banda (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by the Company and do not represent the views of the Company or its affiliates. The Company does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, the User agrees that: (i) you will base any Rating or Review on first-hand experience with the Banda; (ii) you will not provide a Rating or Review for any Bandas listed on the Software and/or Services for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free Banda services, or other benefits from the Banda and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.
8. E-sign Disclosure. By creating a FindBanda account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing FindBanda at Support@FindBanda.com with “Revoke Electronic Consent” in the subject line.
To view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email FindBanda at Support@FindBanda.com with contact information and the address for delivery.
9. Intellectual Property Ownership. FindBanda alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Software and/or Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software and/or Services, or any intellectual property rights owned by FindBanda. FindBanda names, FindBanda logos, and the product names associated with the Software and/or Services are trademarks of FindBanda or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Software and/or Services.
10. Indemnification. The User indemnifies and hold harmless the Company and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Software and/or Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Software and/or Services. In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this section, the User agrees to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Software and/or Services. The User agrees that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.
11. The Company and Arbitration settles disputes. All disputes by the User from or under this Agreement will be submitted to the Company for resolution. If the User disagrees with the resolution, the User agrees to submit all claims and disputes from or under this Agreement to an Arbitration Service selected by the Company and according to the rules of that Arbitration Service. Any court that would otherwise have had jurisdiction over the dispute will enforce both settlement by the Arbitration Service and any arbitration award. The User will pay any fees charged to submit the case to the Arbitration Service. Any fees charged to submit Arbitration Service may be recovered from the other party in an arbitration award.
12. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SOFTWARE AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND/OR SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND/OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FINDBANDA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE AND/OR SERVICES, TEXT, GRAPHICS, OR LINKS.
FINDBANDA DOES NOT WARRANT THAT THE SOFTWARE AND/OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE AND/OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE AND/OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FINDBANDA SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
14. Breach And Limitation of Liability.
(a) General. You understand and agree that a key element of the Software and/or Services and this Agreement is your and our mutual desire to keep the Software and/or Services simple and efficient, and to provide the Software and/or Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 14 to keep the Software and/or Services simple and efficient, and costs low, for all users.
(b) Disclaimer of Certain Damages. TO THE FULLEST EXTENT OF LAW FINDBANDA SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY FINDBANDA’S FRAUD OR FRAUDULENT MISREPRESENTATION.
15. Termination. If you violate this Agreement, FindBanda may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.
In addition, at its sole discretion, FindBanda may modify or discontinue the Software and/or Service, or may modify, suspend or terminate your access to the Software and/or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software and/or the Service, FindBanda reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software and/or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
16. Severability. If any portion of the Agreement is in conflict with any applicable law, such portion will become inoperative, but all other portions of the Agreement will remain in force.
17. Interpretation. Any dispute regarding the interpretation of this Agreement shall be submitted by the User to the Company by emailing Support@FindBanda.com. The resolution of such dispute by the Company shall be final and binding on the User and Banda.