bandjam Terms of use
Effective Date: March 1, 2025 - These Terms of Use (“Terms”) of BandJAM, LLC (“BandJAM,” “we,” “us,” and “our”) apply to all contents and information available on the BandJAM platform, our website and related services (collectively, the “Platform”) and use of the Platform by any user (“you”). You agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these Terms when you access or use the Platform. If you are using the Platform on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU ACCEPT THE TERMS SET FORTH HEREIN. IF YOU DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS THE PLATFORM.
Binding ArbitrationTHIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CERTAIN CLAIMS YOU AND BANDJAM MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL REQUIRE YOU TO SUBMIT CERTAIN CLAIMS YOU HAVE AGAINST BANDJAM TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 15 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH BANDJAM.
PrivacyPlease review our Privacy Policy (“Privacy Policy”) which describes how we use and collect information through the Platform.
Service Agreements You may enter into a separate written agreement (including electronically via the Platform) with BandJAM that includes additional terms and conditions relating to our provision of services via the Platform, your use of the Platform, and your relationship with Customers and Performers, respectively (each, an “Agreement with BandJAM”). These Terms supplement your Agreement with BandJAM and are hereby incorporated into and made a part of your Agreement with BandJAM by this reference. In the event of any conflict between these Terms and your Agreement with BandJAM, your Agreement with BandJAM will prevail. The Platform may also allow Customers and Performers to enter into agreements with each other. For Customers that providers of therapy services, this may include business associate agreements if deemed necessary by such Customer. Any form agreements provided on the Platform are provided for convenience only and Customers and Performers are solely responsible for evaluating the sufficiency of such form documents for their needs. By executing any agreement on the Platform, You represent and warrant that you have read and agree to the terms and conditions of such agreement and that you agree such terms and conditions meet your legal requirements.
Audience Information
Individually identifiable information about the participants or attendees of a music session or gig is not required to be shared to book a performance. Customers (as defined below) are expressly prohibited from sharing identifiable information about the participants or attendees a music session or gig with BandJAM through the Platform or otherwise.
Booking ServicesYou understand and agree that BandJAM provides a technology platform connecting Customers of therapy services and other businesses (“Customers”) to independent third-party musicians (“Performers”) and scheduling music sessions and gigs allowing Performers to provide music-related services to Customers and their patients or other constituents (“Performer Services”). If you use our Platform, you acknowledge and agree that you will not use the Platform for advertising or commercial purposes, to recreate the Platform or compete with BandJAM, to solicit or harass Customers or Performers, or for any other purposes not authorized herein.
When BandJAM receives a gig request from a Customer through the Platform, information is collected about the Customer and Performer to provide the Performer Services, including but not limited to determining which Performer can complete the delivery request. By using the Service, if you are a Customer, you consent to our providing your information to the Performer. By using the Service, if you are a Performer, you consent to our providing your personal information to the Customer. Sharing such information will allow the parties to contact each using the contact information they provide and book a gig through the Platform. EACH USER THAT IS A PROVIDER ACKNOWLEDGES THAT PERFORMERS ARE INDEPENDENT CONTRACTORS OF BANDJAM AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF BANDJAM. BY CONNECTING CUSTOMERS WITH AND SCHEDULING GIGS WITH PERFORMERS, WE DO NOT CONTROL OR DIRECT THE PERFORMERS’ PERFORMANCE OF THE PERFORMER SERVICES THEY PROVIDE, AND WE DO NOT GUARANTEE THAT PERFORMERS WILL BE ON TIME OR SHOW UP TO FULFILL YOUR PERFORMANCE REQUEST.
WHILE WE MAY SCREEN AND EXAMINE THE CREDENTIALS OF A PERFORMER, PROVIDER HEREBY ACKNOWLEDGES THAT BANDJAM DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A PERFORMER’S PERFORMANCE. BANDJAM MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS REGARDING THE SKILLS OR UNDERTAKINGS OF SUCH PERFORMER OR THE QUALITY OF THE JOB THAT THE PERFORMER MAY PERFORM FOR PROVIDER.
User AccountsYou may be required to register for an account to use parts of the Platform. You agree that the information you provide to us during the registration process and at all other times when you use the Platform is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that BandJAM has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, BandJAM has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
You are the sole authorized user of any account you create through the Platform and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at admin@bandjam.co. BandJAM will not be liable for losses, damages, liability, expenses, and fees incurred by BandJAM or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
PaymentIf you are a Customer, payment of fees will be made via the Platform or otherwise in accordance with your Services Agreement with BandJAM. If you are a JAM Master, payment of amounts fees will be made via the Platform or otherwise in accordance with your Independent Contractor Agreement with BandJAM. You are liable for all transaction taxes for purchases on the Platform, including any applicable sales, use or value added taxes or withholding taxes due on amounts earned, if you are a Performer. Payment will be processed by BandJAM’s independent third-party payment processor, using the preferred payment method designated in your account or as otherwise mutually agreed or set forth in your Agreement with BandJAM. If you would like to use a different payment method, please visit your account settings to update your billing information. Charges paid by you for completed and delivered performances are final and non-refundable. BandJAM has no obligation to provide refunds, credits or promotional offers, but may grant them, in each case in BandJAM’s sole discretion.
If payment due on your account is delinquent, we reserve the right to suspend or terminate your access to the Platform; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs.
Ownership of PlatformThe Platform, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Platform (collectively, the “Content”) are the property of us or our licensors, as applicable. The Platform and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
LicenseBandJAM grants you a non-exclusive, non-transferable, revocable, limited license to use the Platform subject to these Terms and BandJAM policies made available on the Platform. Neither the Platform nor any related Content may be reproduced, copied, framed, linked to or otherwise exploited for any commercial purpose without the express prior written consent of BandJAM.
User SubmissionsExcept for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Service including any ideas, comments, suggestions, feedback, data or the like (“User Submissions”) will be considered non-confidential and non-proprietary. BandJAM will have no obligations with respect to the User Submissions. You assign all intellectual property rights, including any moral, publicity and privacy rights you have in any User Submission. By submitting the User Submission to BandJAM, you agree BandJAM is free to use the User Submission, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. BandJAM and our designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the User Submission and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.Copyright PolicyThe Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Platform infringe your copyright, you (or your agent) may send BandJAM a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Platform are covered by a single notification, a representative list of such works);Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BandJAM to locate the material on the Platform;Your name, address, telephone number, and email address (if available);A statement that you have 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; andA statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BandJAM a counter-notice. Notices and counter-notices must be sent to BandJAM’s designated copyright agent at admin@bandjam.co.
Security and RestrictionsYou are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, by (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) accessing or using the Platform or any portion thereof without authorization; or (iv) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or harmful.
You agree not to use the Platform:In any way that violates any applicable federal, state, local or international law or regulation; To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform or expose them to liability;For sending or storing any unlawful material or for deceptive or fraudulent purposes;To send or store any unsolicited, harassing, profane or hate-related or violent content, or any other material, products or Platforms that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rightsTo send or store any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity;To access another user’s account, impersonate any person or entity, or falsify or manipulate headers or identifiers to disguise the origin of any content transmitted through the Platform;For any commercial purpose, including, but not limited to advertising to, soliciting or selling to any Customer, Performer or Customer, unless we have given you prior written consent to do so; In any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform;Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the materials on the Platform;Use any manual process to monitor or copy any of the materials on the Platform or for any other unauthorized purpose without our prior written consent;Use any device, software or routine that interferes with the proper working of the Platform; orOtherwise attempt to interfere with the proper working of the Platform.
In submitting User Submissions through the Platform, you agree you will not: Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; Post advertisements or solicitations of business or employment; Impersonate another person; Submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BandJAM all of the license rights granted herein;Submit material that is unsuitable for minors in any country; or Submit material that is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.BandJAM reserves the right, but has no obligation, to refuse to post, block or remove User Submissions from the Platform for any reason in our sole discretion. BandJAM may terminate your access to or use of our Platform to prevent further posting or distribution of User Submissions.
Communications By creating an account with us, you electronically agree to accept and receive communications from us, Customers and Performers or Customers including via email, text message, calls, and push notifications to the cellular telephone number you provided to us. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of BandJAM, including but not limited to communications concerning delivery requests or delivery opportunities made available to you through your account on the Service. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your account. You may also opt-out of receiving text messages from BandJAM by replying “STOP” from the mobile device receiving the messages.
Links to Third Party SitesThe Service may contain links to third-party websites, applications and advertisements. Please understand that those third-party websites, applications and advertisements have different terms of use and privacy policies, and that BandJAM does not endorse or control and is not responsible for the content of such websites or the privacy practices of such third parties. The information collected by such third-party websites is not covered by these Terms or our Privacy Policy.
Changes to TermsThe Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Service after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
Agreement to ArbitrateIn consideration of and as a condition of your use of the Platform you and BandJAM (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):
Applicability; Exclusions; Court and Jury Trial Waiver The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties relating to your purchase of an account or subscription to the Platform, your use of the Platform to book any gig, music session or other performance, and these Terms and any other written agreement between you and BandJAM, including the payment of any fees due under these Terms or any separate written agreement.
The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against BandJAM but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.
Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.
Selection and Authority of Arbitrator; Full Remedies Available; Enforceability The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the Terms’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute. If there are any ambiguities in these Terms, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.
Class and Collective Action Waiver; No Consolidated or Joint ActionsThe parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.
Fees, AwardThe parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, BandJAM will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, BandJAM shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.Disclaimer and Limitation of LiabilityWE DO NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM IS PROVIDED BY BANDJAM ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANDJAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE PLATFORM, INCLUDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE PLATFORM, OR THE PLATFORMS PROVIDED THROUGH THE PLATFORM. THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BANDJAM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. BANDJAM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CUSTOMERS AND PERFORMERS OR ANY SERVICES PURCHASED OR DELIVERED BY THEM. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM OR DECISIONS YOU MAKE REGARDING THE SERVICES OFFERED THROUGH THE PLATFORM, REMAINS SOLELY WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER BANDJAM NOR ITS AFFILIATES, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF, OR FOR ANY SERVICES PROVIDED BY, ANY PERFORMER. NEITHER BANDJAM NOR ITS AFFILIATES, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERFORMER. IF YOU HAVE A DISPUTE WITH ONE OR MORE CUSTOMERS OR PERFORMERS, YOU AGREE TO WAIVE AND RELEASE BANDJAM (INCLUDING BANDJAM’S AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES) FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES. WITH RESPECT TO THE FOREGOING WAIVER AND RELEASE, YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH STATES:“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL BANDJAM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, CONTENT, INFORMATION CONTAINED WITHIN THE PLATFORM, ANY LINKED PLATFORM, OR ANY SERVICES PURCHASED THROUGH THE PLATFORM IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.Any claims arising in connection with your use of the Platform must be brought within one (1) year of the date of the event giving rise to such action occurred. Nothing in these Terms will limit any liability that cannot be limited or disclaimed under applicable law.IndemnificationYou agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from: (i) any violation by you of these Terms, including any violation of any applicable laws, rules or regulations; (ii) any dispute or issue between you and any third party, including any Customer or Performer; or (iii) from our termination of your access to or use of the Platform. Such termination will not affect either party’s rights or obligations, which accrued before the termination.MiscellaneousThese Terms shall be governed by the laws of California, and, except as set forth in Section 15 of these Terms, You agree to submit to the exclusive jurisdiction of the courts of Los Angeles County, California, USA in respect of any disputes arising under or in connection with these Terms. Notwithstanding any provision of these Terms, BandJAM may seek equitable, including injunctive, in any court of competent jurisdiction in the event of any breach or threatened breach of these Terms by You.
You represent and warrant that you shall comply with all laws and regulations that apply to Your access and use of the Platform and any Platform-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any Content generated by you on the Platform, block your access to the Platform, and block IP addresses. If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right. How to Contact UsIf you have any questions, comments or notices regarding these Terms, please contact us at admin@bandjam.co.
Binding ArbitrationTHIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CERTAIN CLAIMS YOU AND BANDJAM MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL REQUIRE YOU TO SUBMIT CERTAIN CLAIMS YOU HAVE AGAINST BANDJAM TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 15 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH BANDJAM.
PrivacyPlease review our Privacy Policy (“Privacy Policy”) which describes how we use and collect information through the Platform.
Service Agreements You may enter into a separate written agreement (including electronically via the Platform) with BandJAM that includes additional terms and conditions relating to our provision of services via the Platform, your use of the Platform, and your relationship with Customers and Performers, respectively (each, an “Agreement with BandJAM”). These Terms supplement your Agreement with BandJAM and are hereby incorporated into and made a part of your Agreement with BandJAM by this reference. In the event of any conflict between these Terms and your Agreement with BandJAM, your Agreement with BandJAM will prevail. The Platform may also allow Customers and Performers to enter into agreements with each other. For Customers that providers of therapy services, this may include business associate agreements if deemed necessary by such Customer. Any form agreements provided on the Platform are provided for convenience only and Customers and Performers are solely responsible for evaluating the sufficiency of such form documents for their needs. By executing any agreement on the Platform, You represent and warrant that you have read and agree to the terms and conditions of such agreement and that you agree such terms and conditions meet your legal requirements.
Audience Information
Individually identifiable information about the participants or attendees of a music session or gig is not required to be shared to book a performance. Customers (as defined below) are expressly prohibited from sharing identifiable information about the participants or attendees a music session or gig with BandJAM through the Platform or otherwise.
Booking ServicesYou understand and agree that BandJAM provides a technology platform connecting Customers of therapy services and other businesses (“Customers”) to independent third-party musicians (“Performers”) and scheduling music sessions and gigs allowing Performers to provide music-related services to Customers and their patients or other constituents (“Performer Services”). If you use our Platform, you acknowledge and agree that you will not use the Platform for advertising or commercial purposes, to recreate the Platform or compete with BandJAM, to solicit or harass Customers or Performers, or for any other purposes not authorized herein.
When BandJAM receives a gig request from a Customer through the Platform, information is collected about the Customer and Performer to provide the Performer Services, including but not limited to determining which Performer can complete the delivery request. By using the Service, if you are a Customer, you consent to our providing your information to the Performer. By using the Service, if you are a Performer, you consent to our providing your personal information to the Customer. Sharing such information will allow the parties to contact each using the contact information they provide and book a gig through the Platform. EACH USER THAT IS A PROVIDER ACKNOWLEDGES THAT PERFORMERS ARE INDEPENDENT CONTRACTORS OF BANDJAM AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF BANDJAM. BY CONNECTING CUSTOMERS WITH AND SCHEDULING GIGS WITH PERFORMERS, WE DO NOT CONTROL OR DIRECT THE PERFORMERS’ PERFORMANCE OF THE PERFORMER SERVICES THEY PROVIDE, AND WE DO NOT GUARANTEE THAT PERFORMERS WILL BE ON TIME OR SHOW UP TO FULFILL YOUR PERFORMANCE REQUEST.
WHILE WE MAY SCREEN AND EXAMINE THE CREDENTIALS OF A PERFORMER, PROVIDER HEREBY ACKNOWLEDGES THAT BANDJAM DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A PERFORMER’S PERFORMANCE. BANDJAM MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS REGARDING THE SKILLS OR UNDERTAKINGS OF SUCH PERFORMER OR THE QUALITY OF THE JOB THAT THE PERFORMER MAY PERFORM FOR PROVIDER.
User AccountsYou may be required to register for an account to use parts of the Platform. You agree that the information you provide to us during the registration process and at all other times when you use the Platform is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that BandJAM has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, BandJAM has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
You are the sole authorized user of any account you create through the Platform and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at admin@bandjam.co. BandJAM will not be liable for losses, damages, liability, expenses, and fees incurred by BandJAM or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
PaymentIf you are a Customer, payment of fees will be made via the Platform or otherwise in accordance with your Services Agreement with BandJAM. If you are a JAM Master, payment of amounts fees will be made via the Platform or otherwise in accordance with your Independent Contractor Agreement with BandJAM. You are liable for all transaction taxes for purchases on the Platform, including any applicable sales, use or value added taxes or withholding taxes due on amounts earned, if you are a Performer. Payment will be processed by BandJAM’s independent third-party payment processor, using the preferred payment method designated in your account or as otherwise mutually agreed or set forth in your Agreement with BandJAM. If you would like to use a different payment method, please visit your account settings to update your billing information. Charges paid by you for completed and delivered performances are final and non-refundable. BandJAM has no obligation to provide refunds, credits or promotional offers, but may grant them, in each case in BandJAM’s sole discretion.
If payment due on your account is delinquent, we reserve the right to suspend or terminate your access to the Platform; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs.
Ownership of PlatformThe Platform, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Platform (collectively, the “Content”) are the property of us or our licensors, as applicable. The Platform and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.
LicenseBandJAM grants you a non-exclusive, non-transferable, revocable, limited license to use the Platform subject to these Terms and BandJAM policies made available on the Platform. Neither the Platform nor any related Content may be reproduced, copied, framed, linked to or otherwise exploited for any commercial purpose without the express prior written consent of BandJAM.
User SubmissionsExcept for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Service including any ideas, comments, suggestions, feedback, data or the like (“User Submissions”) will be considered non-confidential and non-proprietary. BandJAM will have no obligations with respect to the User Submissions. You assign all intellectual property rights, including any moral, publicity and privacy rights you have in any User Submission. By submitting the User Submission to BandJAM, you agree BandJAM is free to use the User Submission, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. BandJAM and our designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the User Submission and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.Copyright PolicyThe Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Platform infringe your copyright, you (or your agent) may send BandJAM a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Platform are covered by a single notification, a representative list of such works);Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BandJAM to locate the material on the Platform;Your name, address, telephone number, and email address (if available);A statement that you have 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; andA statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BandJAM a counter-notice. Notices and counter-notices must be sent to BandJAM’s designated copyright agent at admin@bandjam.co.
Security and RestrictionsYou are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, by (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) accessing or using the Platform or any portion thereof without authorization; or (iv) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or harmful.
You agree not to use the Platform:In any way that violates any applicable federal, state, local or international law or regulation; To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform or expose them to liability;For sending or storing any unlawful material or for deceptive or fraudulent purposes;To send or store any unsolicited, harassing, profane or hate-related or violent content, or any other material, products or Platforms that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rightsTo send or store any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity;To access another user’s account, impersonate any person or entity, or falsify or manipulate headers or identifiers to disguise the origin of any content transmitted through the Platform;For any commercial purpose, including, but not limited to advertising to, soliciting or selling to any Customer, Performer or Customer, unless we have given you prior written consent to do so; In any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform;Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the materials on the Platform;Use any manual process to monitor or copy any of the materials on the Platform or for any other unauthorized purpose without our prior written consent;Use any device, software or routine that interferes with the proper working of the Platform; orOtherwise attempt to interfere with the proper working of the Platform.
In submitting User Submissions through the Platform, you agree you will not: Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; Post advertisements or solicitations of business or employment; Impersonate another person; Submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BandJAM all of the license rights granted herein;Submit material that is unsuitable for minors in any country; or Submit material that is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.BandJAM reserves the right, but has no obligation, to refuse to post, block or remove User Submissions from the Platform for any reason in our sole discretion. BandJAM may terminate your access to or use of our Platform to prevent further posting or distribution of User Submissions.
Communications By creating an account with us, you electronically agree to accept and receive communications from us, Customers and Performers or Customers including via email, text message, calls, and push notifications to the cellular telephone number you provided to us. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of BandJAM, including but not limited to communications concerning delivery requests or delivery opportunities made available to you through your account on the Service. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your account. You may also opt-out of receiving text messages from BandJAM by replying “STOP” from the mobile device receiving the messages.
Links to Third Party SitesThe Service may contain links to third-party websites, applications and advertisements. Please understand that those third-party websites, applications and advertisements have different terms of use and privacy policies, and that BandJAM does not endorse or control and is not responsible for the content of such websites or the privacy practices of such third parties. The information collected by such third-party websites is not covered by these Terms or our Privacy Policy.
Changes to TermsThe Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Service after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
Agreement to ArbitrateIn consideration of and as a condition of your use of the Platform you and BandJAM (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):
Applicability; Exclusions; Court and Jury Trial Waiver The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties relating to your purchase of an account or subscription to the Platform, your use of the Platform to book any gig, music session or other performance, and these Terms and any other written agreement between you and BandJAM, including the payment of any fees due under these Terms or any separate written agreement.
The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against BandJAM but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.
Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.
Selection and Authority of Arbitrator; Full Remedies Available; Enforceability The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the Terms’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute. If there are any ambiguities in these Terms, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.
Class and Collective Action Waiver; No Consolidated or Joint ActionsThe parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.
Fees, AwardThe parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, BandJAM will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, BandJAM shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.Disclaimer and Limitation of LiabilityWE DO NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM IS PROVIDED BY BANDJAM ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANDJAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE PLATFORM, INCLUDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE PLATFORM, OR THE PLATFORMS PROVIDED THROUGH THE PLATFORM. THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. BANDJAM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. BANDJAM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CUSTOMERS AND PERFORMERS OR ANY SERVICES PURCHASED OR DELIVERED BY THEM. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM OR DECISIONS YOU MAKE REGARDING THE SERVICES OFFERED THROUGH THE PLATFORM, REMAINS SOLELY WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER BANDJAM NOR ITS AFFILIATES, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF, OR FOR ANY SERVICES PROVIDED BY, ANY PERFORMER. NEITHER BANDJAM NOR ITS AFFILIATES, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERFORMER. IF YOU HAVE A DISPUTE WITH ONE OR MORE CUSTOMERS OR PERFORMERS, YOU AGREE TO WAIVE AND RELEASE BANDJAM (INCLUDING BANDJAM’S AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES) FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES. WITH RESPECT TO THE FOREGOING WAIVER AND RELEASE, YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH STATES:“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL BANDJAM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, CONTENT, INFORMATION CONTAINED WITHIN THE PLATFORM, ANY LINKED PLATFORM, OR ANY SERVICES PURCHASED THROUGH THE PLATFORM IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.Any claims arising in connection with your use of the Platform must be brought within one (1) year of the date of the event giving rise to such action occurred. Nothing in these Terms will limit any liability that cannot be limited or disclaimed under applicable law.IndemnificationYou agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from: (i) any violation by you of these Terms, including any violation of any applicable laws, rules or regulations; (ii) any dispute or issue between you and any third party, including any Customer or Performer; or (iii) from our termination of your access to or use of the Platform. Such termination will not affect either party’s rights or obligations, which accrued before the termination.MiscellaneousThese Terms shall be governed by the laws of California, and, except as set forth in Section 15 of these Terms, You agree to submit to the exclusive jurisdiction of the courts of Los Angeles County, California, USA in respect of any disputes arising under or in connection with these Terms. Notwithstanding any provision of these Terms, BandJAM may seek equitable, including injunctive, in any court of competent jurisdiction in the event of any breach or threatened breach of these Terms by You.
You represent and warrant that you shall comply with all laws and regulations that apply to Your access and use of the Platform and any Platform-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any Content generated by you on the Platform, block your access to the Platform, and block IP addresses. If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right. How to Contact UsIf you have any questions, comments or notices regarding these Terms, please contact us at admin@bandjam.co.