Terms of Service

BandMatch Terms of Service

Effective April 4th, 2023

The BandMatch Terms of Service ("Terms") applies to your access to and use of the BandMatch websites, mobile applications, widgets, and other online products and services (collectively, the "Services") provided by UnsignedFM, LLC ("BandMatch," "we," or "us").

1. Access to the Services

Children under the age of 13 are not allowed to create an account or otherwise use the Services. Additionally, you must be over the age required by the laws of your country, state, or locality to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian.

If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these terms.

2. Use of the Services

BandMatch grants you a personal, revocable, non-transferable, non-exclusive, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

Except as permitted by these terms or otherwise permitted by us in writing, your license does not include the right to:

  • license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content
  • modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content
  • access the Services or Content in order to build a similar or competitive website, product, or service
  • We reserve the right to suspend, modify, or discontinue the Services (in whole or in part) at any time, with or without notifying you. Any future release, update, or other addition to functionality of the -

Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any suspension, modification, or discontinuation of the Services or any part thereof.

3. Account Security

To use certain features of our Services, you may be required to create a BandMatch account (an "Account") and provide us with a username, password, email address, and certain other information about yourself as described in the Privacy Policy.

You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and promptly notify BandMatch if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services.

You will not license, sell, or transfer your Account without our prior written consent.

4. Your Content and Content Licensing

The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.

By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in Your Content, but you grant BandMatch the following license to use that Content:

License to BandMatch

When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with BandMatch.

License Duration

The license granted to us by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree that BandMatch may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

While we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating our Content Policy or these Terms, or if you otherwise create liability for us.

5. Third-Party Content and Advertisements

The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.

6. Content Policy

You agree not to submit any of the following prohibited content to BandMatch services or to its users or staff:

  • Racist, sexist, homophobic or other bigoted content
  • Pornographic content
  • Content that encourages or threatens violence
  • Content that is illegal or links to illegal content, as defined by laws of the United States and it's states, localities, and territories
  • Spam or other excessive self-promotion

7. Prohibited Activity

When accessing or using the Services, you must respect other users and their rights, including by following these Terms.

When accessing or using our Services, you will not:

  • Create or submit Content that violates our Content Policy or attempt to circumvent any content-filtering techniques we use
  • Use the Services to violate applicable law or infringe any person or entity's intellectual property or any other proprietary rights
  • Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services)
  • Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data
  • Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services except as permitted in these Terms
  • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner
  • Intentionally negate any user's actions to delete or edit their Content on the Services
  • Access, query, or search the Services with any automated system, other than through our published interfaces and pursuant to their applicable terms. However, we conditionally grant permission to crawl the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials subject to the parameters set forth in our robots.txt file.

8. Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents (the "BandMatch Entities") harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BandMatch, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. BandMatch DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE BandMatch ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE BandMatch ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE BandMatch ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

11. Changes to these Terms

We may make changes to these Terms. If we make changes, we will post the amended Terms to our Services and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

12. Termination

We may suspend or terminate your Accounts or ability to access or use the Services at any time for any reason.