BandtwangoFan General Terms & Conditions
- Acceptance of Terms: Bandtwango Music LLC (“BandtwangoFan”) is an online service that facilitates music fans (the “Fans”) contributing to the costs of independent musician’s (the “Artist”) music (recording studio costs, video production, etc.), touring and performances (collectively, the “Service”). The Service is operated from the website www.bandtwangofan.com. The use of the BandtwangoFan Service by an Artist to raise money from Fans shall be referred to as a “Subscription Membership”. 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. BandtwangoFan may modify the terms of this agreement, in our sole discretion, by posting amended terms to the BandtwangoFan.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 BandtwangoFan. Further your use of the Service will be in conformity with the BandtwangoFan Code of Conduct, which is incorporated by reference into this agreement. BandtwangoFan 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: email@example.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. BandtwangoFan 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. BandtwangoFan 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 BandtwangoFan 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 BandtwangoFan does not pre-screen or approve Content, but that BandtwangoFan shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Service for any reason.
- Trademark and Copyright: BandtwangoFan, BandtwangoFan.com, the BandtwangoFan logo, and other names, logos, icons and marks identifying BandtwangoFan 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 BandtwangoFan 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 making a contribution 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 contribution.
- Dispatch times for Tier Incentives 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 Tier Incentive 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 a Tier Incentive 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 Tier Incentive 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 Membership Project Payments
- BandtwangoFan and its payment partners will authorize a charge on your credit card (or other payment method) for the full amount of your Subscription Contribution (“Contribution”), at any time between the making of the Contribution and the collection of funds.
- You may cancel your Contribution at any time by notifying us that you no longer wish to continue your subscription. Simply go to BandtwangoFan website’s ‘Contact’ page. Then click ‘Cancelling a subscription” to request a cancellation.
- There are no refunds.
- Responsibility for fulfilling the Subscription Membership 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 BandtwangoFan will not be responsible for the failure by an Artist to meet any commitments in relation the Subscription Membership or for the misuse of Contributions by the Artist. BandtwangoFan may, at its sole discretion, refund Fans for exclusives not received and incomplete Projects.
- BandtwangoFan will engage in commercially reasonable efforts to collect monies committed by Fans, however BandtwangoFan does not guarantee that it will collect the full amount of money committed by Fans. BandtwangoFan reserves the right to terminate a Subscription Membership and refund all Fans payments at any time for any reason.
Terms Applicable to Non-Goal Project Payments
- Dispatch times for immediate purchase Tier Incentives without a Fulfilment Date may vary according to availability and no guarantees or representations are made as to delivery times.
- Termination: BandtwangoFan may terminate or suspend any and all Services, and your BandtwangoFan 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 BandtwangoFan account, you may simply discontinue using the Services or send an email to: info@BandtwangoFan.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 BANDTWANGOFAN 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 BANDTWANGOFAN ARE PROVIDED ON AN “AS IS” BASIS. BANDTWANGOFAN 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. BANDTWANGOFAN MAKES NO WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM BANDTWANGOFAN WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BANDTWANGOFAN 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 BANDTWANGOFAN 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 BANDTWANGOFAN IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BANDTWANGOFAN’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 BANDTWANGOFAN FOR THE SERVICE, BUT IN NO CASE WILL BANDTWANGOFAN ’S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO SUMS ARE PAID TO BANDTWANGOFAN 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 BANDTWANGOFAN, REGARDLESS OF THE CAUSE OF ACTION.
- External Links: BandtwangoFan may provide links to other websites or resources, however BandtwangoFan 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 BandtwangoFan 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 BandtwangoFan, 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 BandtwangoFan, your use of the Service or BandtwangoFan, your conduct in connection with the Service or BandtwangoFan or with other users of the Service or BandtwangoFan, 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 BandtwangoFan regarding the use of the Service, superseding any prior agreements between you and BandtwangoFan relating to the Service. The failure of BandtwangoFan 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 BandtwangoFan unless it is made in writing and signed by a director or officer of BandtwangoFan.
- 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
- BandtwangoFan Music LLC (“BandtwangoFan”) 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 (collectively, the “Service”). The Service is operated from the website www.BandtwangoFan.com. The use of the BandtwangoFan Service by an Artist to raise money from Fans shall be referred to as a “Subscription Membership”. These Supplemental Terms and Conditions govern the relationship between BandtwangoFan and an Artist in relation to the Service.
- Signing up: In signing up to use the Service, or during their Subscription Membership, Artists may be requested to provide information to BandtwangoFan relevant to their Subscription Membership. Artists will provide this information promptly and in good faith, and provide all other assistance and information reasonable requested by BandtwangoFan.
- BandtwangoFan will deduct its fee before transmitting the proceeds of a Subscription Membership to you. Our standard rate of commission is 5% of the gross amount of the Subscription Contribution in relation to Subscription Membership (plus an additional 2.9% for credit card fees).
- International payments and certain payment methods may give rise to higher payment processing costs. We will ensure that your proceeds from a Subscription Membership are not lower than agreed on account of payment processing costs.
- Prior to having received any payment from BandtwangoFan in relation to any Subscription Membership, you may cancel the Subscription Membership at any time (BandtwangoFan shall be responsible for any refunds due to the Fan). However, if you have received payment from BandtwangoFan in relation to a Subscription Membership you wish to cancel you are solely responsible for any refund that may be due to Fans up to the total amount received from BandtwangoFan by you in relation to that Subscription Membership.
- 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, BandtwangoFan 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 BandtwangoFan’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 Subscription Memberships:
- Each month during a Subscription Membership Artist will be paid, by check, their contributions (minus our 5% fee; and 2.9% credit card processingl fee) within 7 – 14 business days.
- The Artist making available for public consumption the project to which the Subscription Membership and Contributions relate.
- If the Artist wishes to receive payments before the end of the Subscription Membership (Early Disbursement), BandtwangoFan will assess each Artist request and will have sole discretion to decide whether the request is complied with. An Artist must send the Early Disbursement Request to BandtwangoFan a week before they hope to be paid the requested funds. BandtwangoFan shall assess the request on, among other things, the total number of Merchandise due to be fulfilled versus the total Subscription Membership funds left in balance.
- Disbursement of Contributed monies: Monies collected by BandtwangoFan for a Subscription Membership will be held on account for the Artist. BandtwangoFan will immediately make any Charitable Contributions required by the Subscription Membership in the Artist’s name, and then disburse funds to cover the Artist’s recording and associated expenses (including BandtwangoFan’s fee for running the Subscription Membership) directly to the service providers involved. The Artist and BandtwangoFan will agree together on which services providers are suitable for the Artists Subscription Membership requirements, and BandtwangoFan shall contract directly with these service providers for the Artist’s requirements. If BandtwangoFan has reason to believe that Artist will not complete their Subscription Membership obligations BandtwangoFan may cease to disburse funds for the Artist, and require that the Artist enter into discussions with BandtwangoFan to address BandtwangoFan’s concerns regarding the completion of the Subscription Membership obligations. If the Artist and BandtwangoFan are unable to reach a satisfactory agreement regarding the outstanding Subscription Membership obligations of the Artist, BandtwangoFan Music LLC may terminate the Subscription Membership and refund monies to Fans of the Subscription Membership in proportion to the amounts remaining in the account for the Subscription Membership. Interest on all funds held shall accrue to the benefit of BandtwangoFan Music LLC.
- ChargeBacks and Refunds: If, for any reason, BandtwangoFan is required to refund monies to Fans of a Subscription Membership, the Artist will fully compensate BandtwangoFan 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 Subscription Membership. Artist grants to BandtwangoFan 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 Subscription Membership via any means developed, owned, or controlled by BandtwangoFan or its partners solely for the purposes of promoting the Artist’s Subscription Membership or BandtwangoFan. Artist also grants to BandtwangoFan 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 Subscription Membership or BandtwangoFan. Notwithstanding the foregoing, Artist acknowledges and agrees that BandtwangoFan’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 BandtwangoFan with the rights granted herein; (iii) BandtwangoFan’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 BandtwangoFan 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 BandtwangoFan’s complete performance of this Agreement, or with the rights granted to BandtwangoFan herein; and (vii) BandtwangoFan 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 BandtwangoFan, 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, BandtwangoFan is required to pay any monies relating either directly or indirectly to an Artist’s Subscription Membership, Artist shall fully reimburse BandtwangoFan for those amounts within 30 days of being informed of these payments.
Code of Conduct
- Principles: BandtwangoFan Music LLC (“BandtwangoFan”) 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 (“BandtwangoFan 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. BandtwangoFan may modify the terms of this Code of Conduct, in our sole discretion, by posting amended terms to the BandtwangoFan.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 BandtwangoFan
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 BandtwangoFan 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 BandtwangoFan;
- 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 BandtwangoFan’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 BandtwangoFan website; or
- use any form of automated device or computer program that enables the submission of postings on BandtwangoFan 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”