We (Bandbiz) make our website platform available at mybandbiz.com (the “Website”) so that our members can effectively manage cash flows and inventory (collectively the “Services”).
These Terms of Service (“Terms”) constitute a legal agreement between you and Bandbiz and governs your use of the Services. By using the services in any way, you agree to comply with these terms.
In order to use Bandbiz, you must be a registered user. We include one free trial of Bandbiz for a limited period of time, after which you need to purchase a paid subscription to maintain access to the service. After the trial period ends, we hold onto data for 30 days before deleting all content created.
In using the Bandbiz service, you agree to all of the following:
Bandbiz reserves the right to determine, in its sole discretion, if there has been a breach of any of these rules and may disable or delete member accounts without warning or compensation. If a breach of these terms results in damages or costs to Bandbiz, they will be billed to you (including but not limited to: data transfer, storage space, legal costs.)
The Service is billed in advance, and is non-refundable.
Upgrades/downgrades can be done anytime. We will credit you the pro-rated amount of days of the new plan. We cannot provide refunds or cash credits for downgrades.
You retain full ownership of your content. We don’t claim ownership of the content you provide to the service. These Terms only grant us the limited rights that are needed to provide the Services. By submitting, uploading, posting or displaying content on or through the Services, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to transmit, display and distribute such content as required to provide the Services to you. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. In order to provide the Services, we need the rights to make technical decisions on how to provide and administer the Services. This includes, but is not limited to, how to store your content, how to secure your content. These rights extend to third parties we work with to provide the service, such as our hosting providers.
We do not control or actively monitor your content however we reserve the right at all times to remove or refuse to distribute any content which breaches our policies and to terminate users or reclaim usernames.
End User License
The Services and the information and materials that it contains, are the property of Bandbiz and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Nothing in the Terms gives you a right to use the Bandbiz name, trademarks, logos, and other distinctive brand features without our prior written consent.
You agree to defend, indemnify, save and hold Bandbiz harmless from any and all demands, liabilities, losses, potential losses, claims, costs and expenses (including attorney's fees), asserted against Bandbiz, its affiliates, subsidiaries, partners, agents, customers, officers, contractors, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you and any content you make available through the Service.
This Website and the information contained in this Website is provided "as is" without warranty of any kind. Use of this Website and the information contained in this Website is at your own risk. Bandbiz does not assume any responsibility for any errors, omissions or inaccuracies in the information contained in this Website or for the use of any information contained in this Website. To the fullest extent permitted by law, Bandbiz disclaims all warranties, representations and conditions of any kind; whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose, with respect to the Website and the information contained in the Website. In no event will Bandbiz be liable, whether based on warranty, contract, tort or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, and punitive damages, lost profits, personal injury, wrongful death, fines, fees, penalties or other liabilities, whether or not Bandbiz is advised of the possibility of such damages) resulting from the use of, or the inability to make use of, this website or the information contained in this Website.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) PROPERTY DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (V) ANY LOSS OR CORRUPTION OF DATA FILES ON THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS PAID BY YOU TO US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY APPLICABLE LAW.
We may, under certain circumstances terminate your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Services, or (e) unexpected technical, security or legal issues or problems. In most cases we will attempt to give you ample notice of any termination or suspension to help you secure your data, however in some cases the termination may not include notice (for example, a court order or flagrantly violating these terms). Termination of Your access to the Services may also include removal of the materials uploaded by You to the Services. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to You or any third-party for any termination of Your access to removal of any of the materials uploaded by You through the Services.
Availability & Changes
We may alter, suspend, or discontinue the Services at any time and for any reason but will endeavour to provide advance notice of any such outages. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the Website without notice. We may revise these Terms from time to time and the most current version will always be posted on the Website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
We cannot and do not make any representation or warranty concerning security of the communication to or from the service. Do not attempt to connect to the service using insecure access channels, such as, but not limited to web service requests made over an insecure connection, or any 3rd party applications. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
Excessive use of Bandwidth
Bandbiz does not place a cap on a customer’s bandwidth use, or charge customers for the amount of bandwidth used, but reserves the right to take measures to address any customer's excessive use of bandwidth, which can negatively impact Bandbiz service or its users.
Bandwidth use is considered to be excessive when it significantly exceeds the usage characteristic of a typical user of the Service. This will be determined by Bandbiz in its sole discretion.
If a customer's use is deemed to be excessive, Bandbiz will make every effort to contact the customer and review the matter. However, where Bandbiz, in its sole discretion, determines that the usage potentially impacts Bandbiz’s ability to provide its Services or that its network resources need to be protected, it reserves the right to suspend or terminate service in response to a customer's excessive bandwidth use, without notice to the customer.
Bandbiz reserves the right to monitor bandwidth, usage, transmissions, and content in order to identify violations of this Policy, protect the network and its users.
If you have any questions about these Terms please contact us at: firstname.lastname@example.org.