Terms and Conditions
This legal agreement set by BANDAIDZ governs the use of the BANDAIDZ application for any TYPE of user (audience or “crowd surfer”, artist, band member and promoter). These terms and conditions are subject to change at any time and are effective upon notice to you. Such notices shall be provided by our posting of the current version of this agreement on our website http://bandaidz.net you agree that the continued use of the Bandaidz application will constitute an agreement to any changes to these terms and conditions. breaching these terms and conditions may result in account termination or suspension with or without notice to you. Serious offences may result in legal action.
You must agree to these terms and conditions in order to use the bandaidz application.
Harassment and offensive profiles individuals who have offensive photography and / or racist, offensive or lewd descriptions in their profile may be banned from using the bandaidz application without warning. this will also include artists / band members who have paid the annual fee for ongoing use. note that for these people no refund will be given as the functions of the whole app will be suspended and not only sections of it. you may receive an email or direct message from admin staff warning you of account termination, and this option remains at the discretion of bandaidz admin staff. the continual harassment of users including unwarranted sexual advances, comments of a violent nature and intimidation will not be tolerated. cases may also be reported to police where a user feels they are in danger. all events involving or related to the above may be reported to firstname.lastname@example.org
The term “artist” refers to an individual in or in association to a “project” that performs or acts on behalf of the project to distribute music with direct permission given by the original artist who has registered the project. this is directly in conjunction with, including permission from any or all “band members”.
The term “band member” although “band members” may not necessarily be performers in the project, their role may vary in any way for production of the projects’ intended output, and these individuals are also known as “band members”.
The term “crowd surfer” refers to an individual who is in a given proximity to an artist, intending on downloading files from an artist, or using the application to seek out potential partners for communications by using the “swipe” and “like” functions. All “crowd surfers” must be at least 18 years old.
ELIGIBILITY OF CROWD SURFERS “crowd surfers” must be a minimum of 18 years old. In order to use the dating and social interaction services with intent to match and meet with potential partners, you represent and warrant that you are of the minimum age. You also represent and warrant you are not a registered sex offender and you are also not required to register as a sex offender to any government, state or territory. your membership must be for your sole use as a “crowd surfer”. You may not authorise others to use your personal details. Any cases where an individual misrepresents their age and uses the dating features of the app resulting in personal harm shall not be BandAidz responsibility.
The term “project” refers to an individual or group of individuals intending to distribute music , promote , schedule events, send messages to audience members or use any other current or future integrated feature of the app in order to engage audience & potential audience members (crowd surfers).
User Names: User names must not breach trademark, copyright or intellectual property right laws of companies, celebrities (including impersonation), corporations or any other public or private entity. For example, you may not have user names such as Facebook, Google, Kmart etc. Your account may be suspended or terminated with or without notice if you breach the copyright laws.
Copyrights to digital music transfers. Artists shall own 100% of copyrights to all music that they intend on allowing for download / streaming through the BANDAIDZ application. By agreeing to the terms and conditions, you give BandAidz a licence to share your content on this application making it available to other users. BandAidz assumes no responsibility for individual(s) infringing copy rights of other artists and will not actively seek out individuals by use of moderation to investigate if individuals are breaching the copyrights of other artists. Such individuals can be reported to the respective law enforcement body for investigation. All suspected infringements can be reported to email@example.com
Bandaidz for crowd surfers and promoters / managers: For audience members and promoters, all functions of the app are free. There is no upgrade requirement and no limits on any functions.
Location services: In order to use the bandaidz application, by either artist or crowd surfer or manager/promoter, the application must be able to identify your location so you may receive all the intended functions for proximity based notifications which include push messages from artists, gig notifications, event creation project searches etc. Your location will not be shared to any third party under legal circumstances. BandAidz does not record individuals whereabouts at particular times. location services are intended only for real time notifications and artist proximity.
Music distribution and copy rights: The BandAidz application is not intended to be a market place for the sale of music. Artists cannot sell their music through this application. It can only be available for streaming or free downloading and by agreeing to these terms and conditions you will waive any right to take legal action on bandaidz if your music is downloaded and multiplied through copying and sharing. you also agree bandaidz cannot be held responsible for organisations not associated with bandaidz using your music for purposes not approved by you or any other associated project member. you have all legal rights to pursue any individuals or organisations who breach your copy rights, however, bandaidz will not be held liable due to being the distributing platform. BandAidz will not give any permissions regarding artists music copy rights to any individual or organisation.
Bandaidz for artists / band members: After a 3 month trial period of using functions of the app for free, a payment of $79.99 AUD (including GST) must be made to continue using the application functions. This payment is a once per annum fee and may be changed from time to time. The 3 month period may be waived if a user has used a valid promotional code, which will extend free use for 6 months. BandAidz holds the rights to change this timeline and fee upon notice to you.
Refunds: If payment of $79.99 (or any fee intended to allow usage of the applications features) has been made, there will be no refunds due to project disbandment, personal issues resulting in the application being redundant for use or any other type of event resulting in you the user no longer requiring the BandAidz application.
If The BandAidz application does not function or is functioning unreasonably, as per law you are entitled to request a refund. If you are experiencing problems using the application please email firstname.lastname@example.org and we will investigate your technical issues.
Misuse: You must not create fake artist, promoter or band member accounts in order to create gigs that will not provide entertainment intended by a live event . Doing so will warrant instant dismissal of your account without refund.
Identification information: We may collect non-personal identification information about Users whenever they use our website. Identification is non personal and such information may include the browser name, the type of computer and technical information about users means of connection, such as the operating system and the Internet service providers utilized and other similar information.
Your use of this service: By using this service as a member, you agree: You will use this service under the rules set out in these terms and conditions and all applicable laws and regulations. You cannot include telephone numbers, street addresses, email addresses, last names and any other personal information that can be used to jeopardise your privacy and safety. You are solely responsible for your interactions with other BandAidz members, and we reserve the right, but are not obligated to monitor disputes between you and other members. By subscribing to our email service, you agree that BandAidz may send you emails detailing changes of service, limited sales, blog updates and any other information we deem necessary to inform you about. If you wish to unsubscribe to our newsletters or related emails, you may unsubscribe at http://bandaidz.net.
Content: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material is owned by or licensed to BandAidz. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate in any form whatsoever or use the Material without BandAidz express permission.
By using this service you agree that we may terminate your account due to inactivity, misuse of service which includes solicitation, copyright infringement, breach of Apple’s / Google’s terms and conditions, harassment or impersonation of any person and /or any other illegal activity carried out by you. You will not transmit any material that contains software viruses or any other defective coding that may cause malfunction in other software or hardware. These parameters are at BandAidz discretion as to whether your account warrants termination.
Disclaimers: We reserve the right to monitor profile information given by you and any other member, but cannot guarantee all members information is accurate including age, sex, marital status, profile details etc. We cannot guarantee, nor do we accept responsibility or liability for content, communication or any other use of service by persons under 18 years old. We cannot guarantee this service will meet your requirements, and we do not grant warranty or liability for any expectations that are not met which include connectivity, failure due to “hackers” or unauthorised users. We cannot guarantee and disclaim that the service will be error free, secure and that errors in the service will be corrected within a specific timeline.
Release: Bandaidz is hereby released from all disputes involving any member of this application. You release us (and any subsidiary) from all damages or claims involving the use, or resulting from the use of the Bandaidz application. You are responsible for your safety and security. You must not meet with any other member without regard to your security, and you release us from all liability involving personal harm, psychological damage, direct or indirect harm, offensive or hate crimes and any other damaging actions taken by others. Nothing in these terms and conditions shall be construed as excluding or limiting the liability of Bandaidz for death or personal injury caused by it’s negligence or for any other liability which cannot be excluded by law.
Push messages: You hereby release BandAidz from any harassment claims resulting from the misuse of push messages from artist accounts or any resulting personal damages. If you have found an artist misusing the push message feature please report them at email@example.com
Intellectual Property: The BandAidz logo, artwork, coding, visual artwork and all functions of the application are BandAidz intellectual property and is protected by copyright laws.
Personal information: We may collect information pertaining to user identification when using the BandAidz application or internet site. This information includes but is not limited to, when users visit our site, when they are active on the application, when users register on the site or in the application. We will only collect personal information when users voluntarily submit it, although refusal to submit certain details may prevent use of the application. We will not share, sell, rent or disclose publically any personal information given by you to any third parties. This information includes access to the camera and it’s sensor data, which must be voluntarily submitted.
Your Privacy of information: BandAidz will not share personal information of any individuals including Facebook details, email addresses, locations or profile details for the use of marketing by organisations not associated with BandAidz.
Your visibility to other users: When using the application as a “Crowd surfer”, your profile will be visible to any other user regardless of your intention to not be visible to other users by the personal preferences selected in your personal profile.
How we protect your information: We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our servers.
Information and exchanges given in a private nature between users are protected by a SSL secured communication channel and is encrypted and protected with digital signatures.