Description of Service
The Platform allows build landing pages, create embeddable widgets, configure short URLs (uniform resource locators) redirecting to customized designations as well as monitor, view, and share performance statistics for landing pages, widgets and shortened URLs created and/or managed by the User.
The basic Services are free to all Users. However, additional Service features may only be available to Users of the premium service tiers. Users of the premium tiers may be charged subscription fees at the discretion of Bandtraq, LLC. Bandtraq, LLC reserves the right to modify subscription fees and other charges at any time.
Usage Rules and Obligations
Users agree to not use the Platform to:
1) upload, post, email, message or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, vulgar, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2) upload, post, email, message or otherwise transmit any content that infringes any patent, trademark, copyright, right of publicity or other right of any other person or entity, or violates any law or contractual duty;
3) upload, post, email, message or otherwise transmit any unsolicited or unauthorized advertising, junk or bulk email (“spamming”), or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose;
4) upload, post, email, message or otherwise transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, or other information of the Platform or any third party;
5) impersonate any person or entity or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
6) forge headers or in any way use the Services in order to disguise the origin of any content transmitted through the Platform;
7) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform.
The Platform does not solicit or collect personal information from children under the age of 16. By using the Services, you represent and warrant that you are at least 16 years of age. If you are under the age of 16, you may not use the Service.
The Platform shall have the right, but not the obligation, to monitor the content of the Website and its Services, including landing pages, URLs and statistics, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Bandtraq, LLC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Platform or using the Services.
Bandtraq LLC reserves the right to discontinue membership of any User who fails to comply with these Terms.
Release and Waiver of Rights
The User releases Bandtraq, LLC and expressly waives any claims against Bandtraq LLC arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from the User’s use of the Platform.
Communications from Bandtraq LLC
Third-Party Sites and Linked Content
All content added, created, uploaded, submitted, distributed or posted to the Platform by Users is the sole responsibility of the User who originated it. By using the Platform and its Services, you acknowledge that all content originated or accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your use and/or access to content linked to or made available through the Platform. By using the Platform, you acknowledge that you are the owner of any content linked to or originated by you through the Platform or that you have the right to use and/or link to such content and that you grant to Bandtraq, LLC a license to use, distribute, display, reproduce, edit, modify, and/or post such content as necessary for operation of the Platform.
The Platform includes features that allow Users to link to and/or create user-generated content. Bandtraq, LLC respects copyright laws and expects Users to do the same.
If you believe your work is accessible at our Website or through our Services in a way that infringes your copyright, you may let us know by providing the following:
- A clear identification of the copyrighted work you claim to be infringed;
- A clear identification of the material infringing the copyrighted work;
- Your contact information;
- A statement of good faith belief that the material is infringing;
- A statement made under threat of perjury that the information you provided is correct and the complaint is authorized by the copyright holder.
Bandtraq, LLC may use its own iTunes/Apple affiliate identifier on all respective iTunes/Apple links provided by Users. Only premium tiers Users may apply for the use of their own iTunes/Apple affiliate identifier.
Use of Platform Metrics and Statistics
Certain features of the Platform allow Bandtraq LLC to collect and track metrics and performance statistics, as well as generate analytics, relating to use of the Platform. The User acknowledge and agree that all metrics and performance statistics, and analytics generated by the Platform are owned by Bandtraq LLC and we have the exclusive right to use, license, sell these metrics and statistics for any reason. These metrics, statistics and analytics may be made available to the User at the discretion of Bandtraq LLC.
Modifications and Interruption to the Platform and its Services
We strive to meet industry uptime standards but we cannot guarantee that the Platform and its Services will be accessible and available at all times. Users acknowledge and accepts that Bandtraq LLC does not guarantee continuous, uninterrupted or secure access to the Platform and its Services and operation of our Platform or its Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Bandtraq LLC shall not be liable to a User or any third party in case any modifications, interruptions, outages, downtimes or disruptions to the Platform and its Services or any inactive or misdirected links occur.
Bandtraq LLC reserves the right to modify or discontinue the Platform and its Services with or without notice to a User.
THE SERVICES AND CONTENT ARE PROVIDED BY BANDTRAQ, LLC “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR THE RESULTS OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. IF THE USER’S USE OF THE PLATFORM OR SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BANDTRAQ, LLC IS NOT RESPONSIBLE FOR THOSE COSTS. WE MAKE NO WARRANTY AS TO THE USEFULNESS OR THE CAPABILITY OF THE SERVICES TO MARKET AND PROMOTE YOU OR ANY OTHER PERSON OR ANY MUSIC. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Users shall indemnify and hold harmless Bandtraq LCC and its employees and representatives from and against any liabilities, claims, disputes, demands, damages, losses, and expenses, including attorneys’ fees and costs, arising from (i) User’s access to or use of the Platform and its Services, (ii) User’s content, (iii) User’s violation of these Terms.
Limitation of Liability
BANDTRAQ, LLC SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR CONTENT, OR FROM ANY COMMUNICATION, INTERACTION OR MEETING WITH OTHER ACCOUNT HOLDERS, VISITORS OF THE SERVICES, OR THIRD PARTIES YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER THESE DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, AND WHETHER OR NOT BANDLINK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Governing Law and Jurisdiction
If you have any questions about these Terms or the Platform, please contact us at firstname.lastname@example.org our use our contact form