Band Buddy™ Terms of Service

Last Updated: 10/1/2024

BAND BUDDY™ is a platform that connects bands with their fans.

The Band Buddy products provide a platform to allow a “Band” to communicate with its “Fans” in real time in connection with Band performances.

This document, the Band Buddy Terms of Service (these “Terms”), outlines the terms regarding your use of our products. These Terms are a legally binding contract between you and Band Buddy (“Band Buddy,” “we,” or “us”) so please read them carefully.

Band Buddy products are meant for use only by those over 18 years of age. If you are not yet 18, you may not use them. By using, accessing or browsing the Band Buddy products, platform and products including applications, mobile, software, websites or other properties owned or operated by Band Buddy (including www.bandbuddlive.com, the “Site”) or by registering for a Band Buddy account (collectively, the “Service”), you are agreeing to be bound by these Terms.

If you are using the Service on behalf of an organization, you are agreeing to these Terms on behalf of that organization and representing to Band Buddy that you have the authority to commit that organization to these Terms (in which event, “you” and “your” will refer to that organization). If your organization has a separate written contract in effect with us, the terms of that contract will govern your use of the Service.

These Terms are between you and Band Buddy, and you may not hold Apple or Google (Apple and Google together with any third-party distributor through which you acquired the app being the “App Distributors,” as applicable) liable for any failure of the Service or the app.

TO USE THE SERVICE, YOU MUST ACCEPT THESE TERMS AND YOU MUST BE LEGALLY PERMITTED TO ACCEPT THESE TERMS.

1. YOUR ACCOUNT

To use the Service, you must obtain an account by completing a registration form and choosing a user ID and password. When registering with Band Buddy you must: (a) provide true, accurate, current and complete information on the registration form, and (b) maintain such information so it continues to be true, accurate, current and complete.

Only you may use your Band Buddy account and you are responsible for all aspects of your account. Each individual user must have a separate account that is either “Band Account” or a “Fan Account.” You may not share, loan, or transfer your ID or password or that of any individual user.

For Band Accounts, you: (a) will only have access to the features and functionality that are included in the specific plan that you have chosen, (b) are responsible for setting configurations of the Service, and (c) are responsible for managing your individual users’ activity and any of your devices or any systems that you use to access the Service.

If you become aware of any unauthorized use of the Service or your account, or have any questions about your account please contact Band Buddy Support – see Section ‎24, below.

2. LICENSE TO THE SERVICE AND APP

Subject to these Terms, Band Buddy grants you a nonexclusive, nontransferable right and license to access and use the Service through specified applications made available solely through the App Distributors (the “App”). If you are a Fan, such use is limited to your personal and non-commercial purposes. As a Band, such permitted use is limited to fan engagement purposes by the Band only. In any case, this license may permit the use of the Service by others, all subject to these Terms only, to the extent provided by App Distributor terms.

The limited license set out in this Section ‎2 does not permit any other use of the Service or the App. You agree not to use the Service for any purpose other than those specified in these Terms. These Terms do not grant you any right or license to incorporate or make use of any Band Buddy intellectual property (including, for example and without limitation, trade secrets, patents, copyrights, trademarks and industrial designs) in any product. Except as expressly set forth in these Terms, no other rights or licenses are granted or to be implied under any Band Buddy intellectual property. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce the Service or the App to a human-perceivable form, and you will not modify, network, rent, lease, transmit, sell, or loan the Service in whole or in part.

3. CONSENT TO ELECTRONIC COMMUNICATIONS

If you are Fan user and you agree to have your information shared with a Band through the Service, then you give us permission to share your username, email address, and phone number with the Band for their mailing list usage only. As a Band, you must use Fan account information only for such purposes unless you have received separate opt-in permission from the Fan.

By registering with Band Buddy or signing up for the Service, you consent to us sending you emails or text messages relating to the Service, including: (a) notices about your use of the Service, including notices of violations of use, (b) updates to the Service and new features or products, (c) administrative messages and other information, and (d) advertising, marketing, and other materials regarding Band Buddy products and services. You may choose to opt out of receiving advertising and marketing materials by unsubscribing from such communications by following the instructions in the message.

Notices emailed to you will be considered given and received when the email is sent. If you do not consent to receive notices (other than advertising and marketing materials) electronically, you must stop using the Service.

4. CONTENT

Any electronic documents, files, or data that you upload, create, or store on your account is your “Content.” As between Band Buddy and you, all Content uploaded by you into your account is yours. We do not control, verify, or endorse the Content that you or others put on or access through the Service. You are responsible for: (a) all Content in your Band Buddy account and that you share through the Service, and (b) making sure that you have all the rights you need in relation to the Content. In addition, by storing, using or transmitting Content you confirm that you will not violate any law or these Terms. When you share your Content, you may be allowing other people to access and use your Content without further restriction or compensation to you.

By using the Service, you give Band Buddy (as well as agents or service providers acting on Band Buddy’s behalf to provide the Service) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Service but only: (i) as necessary for us to provide the Service, (ii) as permitted by these Terms, (iii) as required by law, regulation or order, or (iv) to respond to an emergency.

The Service is provided from the United States and intended only for use if you are located in the United States. By using and accessing the Service, you agree to the storage of Content and any other personal information in the United States. However, you understand that you (or other people that you collaborate with) may be able access the Service (including Content) from outside of the United States and that nothing prohibits the processing of other information outside of the United States.

Upon termination of the Service, entirely or with respect to particular Bands, the associated Content may be permanently deleted and inaccessible to you. It is your responsibility to back up your Content and to migrate any Content off the Service that you may want after termination.

Certain Content may be maintained and displayed publicly or through the Service after termination of your account. For example, comments on a Band left by a Fan may be maintained, as well as historical records of requests and payments made to a Band.

5. PAYMENT PROCESSING

In order to send or receive “Tips” through the Service, you must establish an account with a third-party payment processor (the “Payment Processor”). The Payment Processors that work with the Services will be set out in the App. (Currently, Venmo is the only approved Payment Processor, but we may designate additional or substitute providers.)

You must set up an account with the Payment Processor to send or receive Tips. That account will be subject to the terms of the applicable Payment Processor and is separate from, and in addition to, these Terms.

6. TAXES, FEES; TAX REPORTING

To send or receive Tips through the Payment Processor, you will be required to provide or file information or documentation required to process such payments.

Transaction fees may be assessed on transactions through the Payment Processor, all as set out in the app or by the Payment Processor.

You are responsible for any taxes that may be owed due to a transaction involving Tips. You are responsible for ensuring that all Tips received, if any, are reported to the proper taxing authorities. Band Buddy is not responsible for withholding or paying the tax obligations of any user, nor will we be held liable for any failure by a user to timely pay any tax obligations arising from use of the Service or participation in the Tips feature.

7. CONFIDENTIAL INFORMATION

During your use of the Service, Band Buddy may share with you information that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps, product designs and architecture, technology and technical information, provide you with security audit reviews, business and marketing plans, or share with you our business processes, these should always be considered confidential to Band Buddy (Band Buddy’s “Confidential Information”).

Similarly, we agree that your credit card or banking information and information provided in connection with your account is confidential to you (your “Confidential Information”).

Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar) or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as Confidential Information.

However, if you tell us information that: (a) we already know at the time you tell us, (b) was told to us by a third party who had the right to tell us, (c) is generally available to the public, or (d) was independently developed by us without using any of your Confidential Information, then that information will not be considered your Confidential Information. The same goes for information that we tell you that falls into any of these categories.

We both agree that we will: (i) treat each other’s Confidential Information with the same degree of care that we treat our own Confidential Information, (ii) use each other’s Confidential Information only in connection with these Terms and the Service, (iii) only share the Confidential Information with others who have a need to know and who have agreed in writing to treat it as confidential (as we’ve outlined in this section), and (iv) not share the other’s Confidential Information with any third party, except as allowed in these Terms. Of course, Confidential Information will always remain the property of its owner.

Our obligations to one another with respect to Confidential Information will survive any termination or expiration of these Terms.

8. ACCEPTABLE USE POLICY

You may not, nor will you encourage or assist others to, harm the Service or use the Service to harm others or to do anything against the law. For example, you may not use the Service to harm, threaten, or harass another person, organization or Band Buddy or to build a similar service or website. Without limiting the foregoing principles, you may not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Service), (b) resell or redistribute the Service or any part of the Service, (c) use any unauthorized means to attempt to or to modify, reroute, or gain access to the Service, (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Band Buddy) to access or use the Service, (e) use the Service beyond the features allocation and amounts provided in that Service or in violation of these Terms, (f) use the Service to, or to cause Band Buddy to, violate any law or distribute any malware or malicious content, (g) if you are a competitor of Band Buddy with respect to the Service, use the Service for competitive benchmarking or other competitive analysis, unless permitted under applicable law, (h) create or attempt to create unauthorized Tip transactions, or (i) distribute, post, share information or Content illegally or without permission.

As part of our efforts to protect the Service, protect our users, or to stop you from breaching these Terms, we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service. We also reserve the right to deactivate, change or require you to change your Band Buddy user ID or other public identities you may obtain through the Service.

If you learn of any unauthorized or unacceptable use of any account, Content, or the Service, you must promptly contact Band Buddy and take all reasonable steps to cooperate with Band Buddy and assist in the termination of such use.

9. SUSPENSION, TERMINATION, AND CANCELLATION OF THE SERVICE

We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion if: (a) you are in breach of these Terms, (b) your use of the Service could cause a risk of harm or loss to Band Buddy or our other users, or (c) Band Buddy declines to provide continued access to the Service. When reasonable and as permitted by law, Band Buddy will provide you with reasonable advance notice of this change as well as an opportunity to correct any actions that led to Band Buddy’s decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for Band Buddy, or if providing notice would compromise our ability to provide the Service to our other users. For the avoidance of doubt, Band Buddy may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason.

If your account is suspended or terminated, you may no longer have access to the Content that is stored with the Service or the Tip Tokens associated with your account.

10. UPDATES TO THE SERVICE

We can make necessary deployments of changes, updates or enhancements to the Service at any time. We may also add or remove functionalities or features, or we may suspend or stop the Service altogether.

11. THIRD-PARTY PRODUCTS

Band Buddy may make available additional, optional third-party applications, services, or products for your use in connection with the Service, and all of those are “Third-Party Products.” Your use of the Third-Party Products (and any exchange of any information, license, payments etc.) is between you and the applicable provider of the Third-Party Products. Band Buddy makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.

Your use of any Third-Party Products may be subject to additional terms and conditions (the “Third-Party Terms”), and you may be required to agree to the applicable Third-Party Terms before you are permitted to use the Third-Party Products. To the extent that no separate Third-Party Terms apply, your use of the Third-Party Products, as applicable, is subject to the terms of Sections ‎8 (Acceptable Use Policy), ‎9 (Suspension and Termination of the Service), ‎13 (Warranties), ‎15 (Limitation of Liability), and ‎16 (Dispute Resolution and Governing Law) of these Terms.

If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable provider of the Third-Party Products.

12. BAND BUDDY PROPRIETARY RIGHTS

All contents of the Site and Service including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, along with the App and all Band Buddy Confidential Information, belong to Band Buddy, or its suppliers, affiliates, or licensors.

Band Buddy or its licensors own and reserve all rights, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights we expressly grant to you to use the Service and Band Buddy Confidential Information. No title to or ownership of any proprietary rights related to the Service or Band Buddy Confidential Information is transferred to you pursuant to these Terms.

If you provide comments, suggestions or recommendations to Band Buddy about the Service (for example, proposed modifications, enhancements, improvements) (collectively, “Feedback”), you are automatically assigning this Feedback to Band Buddy, and Band Buddy may use the Feedback in any way it chooses, without obligation to account to you in connection with the Feedback.

13. WARRANTIES

Other than as expressly stated, we do not make any commitments about the specific functionality available through the Service, or the Service’s reliability, availability, or ability to meet your needs.

TO THE EXTENT NOT PROHIBITED BY LAW, BAND BUDDY AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS): (A) PROVIDE THE SERVICE “AS IS” AND “AS AVAILABLE,” (B) MAKE NO REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED (FOR EXAMPLE, WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

OF COURSE, BAND BUDDY DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES IT DOES NOT CONTROL, INCLUDING THE INTERNET, AND THE LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT MAY RESULT FROM THE USE OF SUCH COMMUNICATIONS FACILITIES.

THE SERVICE IS NOT DESIGNED OR INTENDED FOR HIGH-RISK USE SCENARIOS WHERE FAILURE OR FAULT OF ANY KIND OF THE SERVICE COULD REASONABLY LEAD TO DEATH OR SERIOUS BODILY INJURY, OR TO SEVERE DAMAGE TO TANGIBLE OR INTANGIBLE PROPERTY OR THE ENVIRONMENT.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

THE APP DISTRIBUTORS HAVE NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APP.

IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY THE APP DISTRIBUTOR, AND SUCH APP DISTRIBUTOR MAY REFUND THE PURCHASE PRICE FOR SUCH APP TO YOU; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPON SUCH REFUND, SUCH APP DISTRIBUTOR WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP AND THE SERVICE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL, AS BETWEEN THE APP DISTRIBUTOR AND BAND BUDDY, BE BAND BUDDY’S SOLE RESPONSIBILITY.

14. INDEMNIFICATION

To the extent not prohibited by law, you will defend Band Buddy against any cost, loss, damage, or other liability arising from any third-party demand or claim that any Content or information provided by you, or your use of the Service: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Band Buddy's actions), or (b) violates applicable law or these Terms. Band Buddy will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.

15. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR BAND BUDDY AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF BAND BUDDY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF YOU OR BAND BUDDY AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICE, WILL BE LIMITED TO $100 US. THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE IN THIS SECTION ‎15 ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

THE LIMITATIONS OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

Nothing in these Terms will exclude or limit the liability of you or Band Buddy and its affiliates, officers, employees, agents, licensors, resellers, suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation, or any liability that cannot be excluded or limited by law.

The provisions of this Section ‎15 allocate the risks under these Terms between you and Band Buddy, and you and Band Buddy have relied on these limitations in determining whether to enter into these Terms and the pricing for the Service.

16. DISPUTE RESOLUTION AND GOVERNING LAW

You must comply with all domestic and international export laws and regulations that apply to your use of the Service. These laws include restrictions on destinations, end users, and end use. Without limitation of the foregoing, you represent and warrant that (a) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

The Terms, and your relationship with Band Buddy, will be governed by the laws of the State of Tennessee, USA regardless of conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, the Uniform Computer Information Transactions Act, and any law effectuating these conventions do not apply to these Terms. Any claims relating to the Service or these Terms can only be litigated in the federal or state courts of the State of Tennessee, USA and we each agree to personal jurisdiction in those courts. However, you agree that Band Buddy can apply for injunctive remedies in any jurisdiction.

To the extent that the following provision is not in conflict with applicable law, you may only resolve disputes with us on an individual basis and may not bring a claim or proceed in a group arbitration proceeding as a plaintiff or a class member in a class, consolidated, or representative action.

17. COPYRIGHT COMPLAINTS AND REMOVAL POLICY

Band Buddy respects the rights of all copyright, trademark and intellectual property owners.

If you believe that your work has been copied in a manner that constitutes a copyright infringement, please notify us by contacting our designated agent for notification of claimed infringement at the addresses indicated in Section ‎24 (Contact Band Buddy) below.

For any notice of claimed infringement, be sure to include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:

1. A physical or electronic signature of a person authorized on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed 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 us to locate the material;
3. Information reasonably sufficient to permit use to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party can be contacted;
4. A statement that the complaining party has 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; and
5. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account of violators.

In the event of any third-party claim that the App or Service or your use of same infringes that third party’s intellectual property rights, Band Buddy, and not an App Distributor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

18. TRIALS

We may offer trial usage for some portions of the Service. If you sign up for such use, your trial period starts on the day you create the trial account and lasts for up to the number of days specified when you sign up. If you are on a trial, you may cancel at any time until the last day of your trial. At the conclusion of your trial, you will have no access to the Service and all of your Content will be permanently deleted. Trial usage is for testing and evaluation only, and not for production purposes. If you want to continue to use the Service after the trial, you must contact us before the end of the trial period (contact Band Buddy Support – see Section ‎24, below) and establish a paid account.

19. FEES

If you use the Service, you agree to pay the fees (“Fees”) as quoted to you when you sign up for the Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, taxes, data charges and currency exchange settlements). You will pay the Fees in the currency Band Buddy quoted at the time of purchase. Band Buddy reserves the right to change the eligible currencies at any time, except where not permitted by applicable law.

Band Buddy reserves the right to change its prices at any time; however, if we have offered a specific duration and Fee for your use of the Service, the offered Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fees. If you don't agree to these changes, you must stop using the Service and cancel by contacting Band Buddy Customer Support – billing (see Section ‎24, below). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid Fees or previously provided Service will be issued.

In addition to the Fees for the Service, Band Buddy will charge you, and you must pay, for Third-Party Products purchased through the Service and for which Band Buddy is authorized to charge you.

20. BILLING/PAYMENT

When you select a paid portion of the Service, you must provide us with current, complete, accurate and authorized payment method information. You authorize us to charge your provided payment method for the type of Service you have selected and for any paid features – including Third-Party Products – that you choose. We may bill: (a) in advance, (b) at the time of purchase, (c) shortly after purchase, or (d) as applicable, in connection with a particular transaction. To the extent Band Buddy has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. Failure to pay any charges or Fees may result in the suspension or cancellation of your Service. In addition, we may impose charges for declined payments, if applicable.

21. PRIVACY

We collect certain information about you in connection with the Service. We use and protect that information as described in our Privacy Policy at www.bandbuddylive.com/privacy. You acknowledge your use of the Service is subject to our Privacy Policy and understand that it identifies how Band Buddy collects, stores, and uses certain information.

22. CHANGES TO THESE TERMS

We reserve the right to modify these Terms. We will post the most current version of these Terms at https://www.bandbuddylive.com/. If we make material changes to these Terms, we will notify you through the Service or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account – for cancellations, contact Band Buddy Support – billing (see Section ‎24, below). Your continued use of our Service after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.

23. GENERAL TERMS

23.1 Severability; Entire Agreement

These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.

23.2 Survival of Terms

The following provisions will survive any termination or expiration of these Terms, as applicable: Sections ‎1 (Confidential Information), ‎11 (Third-Party Products), ‎12 (Band Buddy Proprietary Rights), ‎13 (Warranties), ‎14 (Indemnification), ‎15 (Limitation of Liability), ‎16(Dispute Resolution and Governing Law), and ‎23 (General Terms).

23.3 Force Majeure

Neither party will be responsible or have any liability for any delay or failure to perform its non-monetary obligations under this Agreement to the extent due to unforeseen circumstances or causes beyond its reasonable control, including acts of nature, earthquake, fire, flood, sanctions, embargoes, strikes, lockouts or other labor disturbances, civil unrest, failure, unavailability or delay of suppliers or licensors, riots, terrorist or other malicious or criminal acts, war, failure or interruption of the internet or third party internet connections or infrastructure, power failures, acts of civil and military authorities and severe weather (“Force Majeure”). The affected party will give the other party prompt written notice (when possible) of the failure to perform due to Force Majeure and use its reasonable efforts to limit the resulting delay in its performance.

23.4 Assignment and Transfer

We may assign, transfer, or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign or transfer any rights to use the Service unless we provide written consent for you to do so.

23.5 Independent Contractors; No Third-Party Beneficiaries

Band Buddy and you are not legal partners, joint venturers, or agents of one another; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors. Without limiting the foregoing, you may not hold an App Distributors responsible for any failure of the Service or the App.

Notwithstanding the foregoing, you acknowledge and agree that the App Distributors and their affiliates are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, the applicable App Distributor(s) will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

23.6 Publicity

Band Buddy may identify you as a customer on the Site and in other marketing materials by use of your organization name and public logo, provided that Band Buddy does not reveal any details about the specific Service provided to you or your Confidential Information.

23.7 Waiver

The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.

24. CONTACT BAND BUDDY

For questions or concerns about these Terms or the Service, please contact Band Buddy as follows:

• Support – support@bandbuddylive.com
• Legal (Terms and claims of Copyright Infringement) – legal@bandbuddylive.com, or:

PO Box __________
Nashville, TN _______ USA
Phone: __________________