This Agreement (“Agreement”) and Terms of Purchase (“Terms Of Purchase”) made and entered into between Band Builder and the undersigned subscriber (“Subscriber”) is effective upon accessing the Services. This Agreement sets forth the terms pursuant to which Subscriber will be permitted to use certain Band Builder web-based and professional services. The parties agree as follows:
These terms of purchase describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
These Terms govern your access to and use of Band Builder, BandBuilderAcademy.com, as well as all content, products and services available at or through these websites (collectively, “Services”).
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by this Agreement. If you do not agree to all the terms of this Agreement, then you may not access or use our Services.
“Account” means a unique account created for Member to access the Member Services.
“Add-On Services” means additional services that may be added to the Member Services.
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares or equity interest.
“Agreement” (need a definition) Agreement shall mean the mutual understanding or binding contract between Band Builder and you about our reciprocal rights and duties regarding the Terms of Purchase, Subscription, Membership Service, Professional Services, and all terms in this document.
“Band Builder Video Content” means any motion picture or audio-visual recording produced, owned, and made available by Band Builder as part of the Services.
“Client” means a customer, Member, or subscriber for whom Member is purchasing and/or using the Services (if applicable).
“Downloadable Content” means any written works, workbooks, PDFs, worksheets, exercises, spreadsheets, calculators, and other intellectual content provided and downloaded from or within the Services of Band Builder and bandbuilderacademy.com
“Group” means a unit of usage rights for the Member Services. Groups may be set for individual Clients, specific campaigns, etc.
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world, in each case, for their full term and together with any renewals or extensions.
“Member Data” means the data inputted to the Services by or on behalf of the Member for the purpose of using the Services or facilitating Member’s use of the Services.
“Member Services” means the member services provided by Band Builder to Member, as identified in the Terms of Purchase. The Member Services include the use of web-based applications, Videos, Mobile Applications (if applicable), technical support, and documentation such as user manuals and online help files.
“Membership Term” means the membership term set forth in the Terms of Purchase for the Services.
“Professional Services” means time-and-materials services provided to Member, such as consulting services, onboarding support, etc.
“Sensitive Information” means any passwords, credit card or debit card information, personal financial account information, personal health information, social security numbers, passport numbers, driver’s license numbers, employment records, physical or mental health condition or information, any information that would classify as “Special Categories of Information” under international data protection laws.
“Services” means, collectively, Member Services, Add-On Services and Professional Services.
Subscription: Shall mean the membership and access into the Services of Band Builder and bandbuilderacademy.com as agreed to and accepted upon registration and acceptance of the Terms of Purchase and Subscription Service Order.
Subscription Service Order: means a document setting out the specific details of one or more specific Services to be provided to Subscriber, which is agreed upon and signed by both parties.
“Terms of Purchase” means a document setting out the specific details of one or more specific Services to be provided to Member, which is agreed upon and accepted by both parties.
3. COPYRIGHT NOTICE:
© Band Builder – 2019 – Band Builder who’s principal and sole owner is Todd McCarty claims ownership of rights in this website.
4. WEBSITE USER MINIMUM AGE:
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
5. PERMISSION TO USE WEBSITE:
These Terms of Purchase grant you a licence to use this Site, Member Services, and Professional Services herein. Downloading of Band Builder video content is strictly prohibited. You shall make no modification to the Site content.
Band Builder may suspend Member’s use of the Services if Band Builder reasonably and in good faith believes such suspension is necessary to prevent unauthorized use of the Services or to prevent an ongoing violation of any applicable laws or regulations. Band Builder will use commercially reasonable efforts to notify Member prior to any such suspension and will only suspend the Services to the extent necessary to prevent such unauthorized use or violation. In addition, if Member fails to timely pay any fees in accordance with the terms of this Agreement, Band Builder may, without limitation to any of its other rights or remedies, suspend performance of the Services until it receives all amounts due.
6. MISUSE OF WEBSITE:
The content herein is the intellectual property of Band Builder. Members may download “Downloadable Content” for Member’s use only. Sharing, duplicating, or distribution of Downloadable content is strictly prohibited and a breach of this Agreement. All Band Builder Video Content is copyrighted intellectual property of Band Builder and downloading, sharing, duplicating, or distribution is strictly prohibited and a breach of this Agreement.
Members are prohibited from soliciting or selling to other Members within the Sites. Members are prohibited from obtaining or using contact details found within the Services, Sites, or those of other Members for the purpose of soliciting business.
7. USE ON BEHALF OF ORGANIZATION:
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Band Builder accounts are intended for one artist, band, or group of musicians releasing music under one name, company or entity. At this time there is no group, enterprise, or corporate Account option. Any Account that has login activity from more than five “IP addresses” will be in breach of this agreement. Sharing your login and account credentials outside of your artist/band/group is strictly prohibited.
8. REGISTRATION AND ACCOUNTS:
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a BandBuilderAcademy.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.
9. USER LOGIN DETAILS:
Upon registration you will be provided with login details. Your Password and User ID must be kept confidential and a disclosure of your user ID or password is restricted by the terms of Section 7. Impersonation of another individual is strictly prohibited and a breach of the terms of this agreement
10. CANCELLATION AND SUSPENSION OF ACCOUNT:
Band Builder reserves the right to suspend, cancel, or restrict access to Member Services for any Member or Account paying for the Services according to the terms of Section 4.
Depending on the Subscription Service Order, there may be a one-time fee, recurring fees, or revenue-based fee. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Member will pay Band Builder the Subscription fees specified at the time of initial activation of the Membership Subscription at the applicable rate for chosen plan. If Subscriber orders additional Services or changes the Services it is receiving, the fees for such additional or changed services will be charged at the then-current pricing for such additional or changed services and commence on the activation date listed in the Subscription Service Order. Any resulting change in fees shall be reflected in future invoices. All amounts payable under this Agreement are denominated in United States dollars, and Subscriber will pay all such amounts in United States dollars. Except as otherwise provided in this Agreement, fees are non-refundable. There are no refunds or credits for partial months of Services, plan downgrades, or refunds for unused time if Subscriber closes its account before the end of the term of any Subscription Service Order. Unless otherwise specified in the Subscription Service Order, the Services and any Add-On Services purchased by Subscriber during the Membership Term, will automatically renew for additional periods equal to the length of the Membership Term unless either party provides written notice to the other party at least 30 days prior to the expiration of the Membership Term.
To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Unless otherwise specified in the applicable Subscription Service Order, Subscriber will pay all amounts due according to the terms in this Section, except for amounts subject to a good faith dispute, provided that (i) Subscriber notifies Band Builder of any such dispute in writing prior to the date such amounts would otherwise be due; (ii) Subscriber pays any undisputed amounts in accordance with this Section; and (iii) Subscriber cooperates with Band Builder in promptly resolving such dispute. Except for any amounts disputed by the Subscriber in good faith, any amount not paid when due will be subject to finance charges equal to one and one-half percent (1.5%) of the unpaid balance per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid. Subscriber will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Band Builder to collect any amount that is not paid when due. Amounts due from Subscriber under this Agreement may not be withheld or offset by Subscriber against amounts due to Subscriber for any reason.
Automatic Renewal – To ensure uninterrupted service, recurring Services are automatically renewed. This means that unless you cancel a paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a Band Builder annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase (or subsequent plan upgrade) and cannot be changed. You can view your renewal date by visiting your account page.
12. CANCELLATION & REFUNDS:
When you make a payment, you agree to use a valid payment method. If you aren’t happy with Band Builder we offer a 14-day money back guarantee. To request a refund please email firstname.lastname@example.org The 14-day refund period only applies to your first subscription and cannot be used more than once.
You can manage and cancel your Subscription on your Account page. To cancel a Band Builder plan, go to your Account page, click on the plan you wish to cancel, then follow the instructions to “cancel the subscription.” You must repeat this process for each Subscription you wish to cancel. Due to the nature of our service, there are no refunds on monthly or annual plans that have been active for more than 14 days. No partial refunds are given. However, if you terminate an annual Subscription before your renewal date, you will retain access to the Services until the end of your annual payment term.
It is the responsibility of the Membership Subscriber to ensure that you cancel your account in good time should you no longer require the Services.
13. MUTUAL WARRANTIES:
Each party represents and warrants to the other that: this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; and no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement.
14: GENERAL REPRESENTATION AND WARRANTY:
You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden Band Builder systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network
OUR SERVICES ARE PROVIDED “AS IS.” BAND BUILDER AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER BAND BUILDER, NOR ITS OWNERS, SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, OUR SERVICES AT YOUR OWN DISCRETION AND RISK.
16. LIMITATIONS AND EXCLUSIONS OF LIABILITY:
In no event will Band Builder, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Band Builder under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Band Builder shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Band Builder, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any commercial activities conducted by you or any member of your organization.
18. THIRD PARTY WEBSITES:
The Services may contain links to, or otherwise may allow Subscriber to connect to and use certain third party products, service or software under separate terms and conditions (collectively, “Third-party Service”) in conjunction with the Services, including certain social media networks and other integration partners. If Subscriber decides to access and use such Third-party Service, Subscriber acknowledges that its use of said Third-party Service is governed solely by the terms and conditions of such Third-party Service (including, but not limited to, the YouTube Terms of Service located at www.youtube.com/t/terms), and Band Builder does not endorse, is not responsible for, and makes no representations as to such Third-party Service, its content or the manner in which such Third-party Service handles Subscriber’s data. Band Builder is not liable for any damage or loss arising from or in connection with Subscriber’s access or use of any such Third-party Service, or Subscriber’s reliance on the privacy practices or other policies of such Third-party Service. Subscriber acknowledges that Band Builder does not control the features and functionality of any Third-party Service and that such Third-party Service may change its features and functionality without any notice to Band Builder. Band Builder shall not be liable to Subscriber for any refunds or any damage or loss arising from or in connection with any changes made by a Third-party Service or any resulting changes to the Services.
19. TRADE MARKS:
The Agreement does not transfer from Band Builder to you any Band Builder or third party Intellectual Property Rights, and all right, title, and interest in and to such property will remain (as between the parties) solely with Band Builder. BandBuilder, BandBuilderAcademy.com, Heat On The Street, and all other trademarks, service marks, graphics, and logos used in connection with Band Builder or our Services, are trademarks or registered trademarks of Band Builder. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Band Builder or third party trademarks.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Band Builder may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect. If any material limitation or restriction on the use of the Services under this Agreement is found to be illegal, unenforceable, or invalid, Subscriber’s right to use the Services will immediately terminate.
22. ENTIRE AGREEMENT:
The Agreement constitutes the entire agreement between Band Builder and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
23. LAW AND JURISDICTION:
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of The Country of Japan (Nihon Koku), excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the Country of Japan (Nihon Koku).
24. STATUTORY AND REGULATORY DISCLOSURES:
These Terms were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.