We (Bandzoogle) make our website platform available at bandzoogle.com (the “Website”) so that our members can build effective band websites (collectively the “Services”).
These Terms of Service (“Terms”) constitute a legal agreement between you and Bandzoogle and governs your use of the Services. By using the services in any way, you agree to comply with these terms.
In order to use Bandzoogle, you must be a registered user. We include one free trial of Bandzoogle for a limited period of time, after which you need to purchase a paid subscription to maintain access to the service. After the trial period ends, we delete all content created.
In using the Bandzoogle service, you agree to all of the following:
Bandzoogle reserves the right to determine, in its sole discretion, if there has been a breach of any of these rules and may disable or delete member accounts without warning or compensation. If a breach of these terms results in damages or costs to Bandzoogle, they will be billed to you (including but not limited to: data transfer, storage space, legal costs.)
The Service is billed in advance, and is non-refundable. Monthly plans rebill every 30 days.
Upgrades/downgrades can be done anytime. We will credit you the pro-rated amount of days of the new plan. We cannot provide refunds or cash credits for downgrades.
To cancel your account, you must click the "Cancel" link in the "Account" section of your control panel. Cancellation requests by email or live chat will not be accepted. Cancellation must be submitted 2 business days prior to the rebilling date. Websites will be permanently deleted after cancellation.
Credit card or PayPal chargebacks will incur a fee of $100 to reinstate accounts. Users accounts that incur chargebacks will be permanently deleted, and domain ownership transferred to Bandzoogle.
Domain registration and setup fees are non refundable.
From time to time we may offer promo codes or promotional offers that apply a discount to service plans. Only one promotional offer or promo code may be used per website at a time; they may not be combined or stacked.
Bandzoogle may provide one (1) free domain name with the new purchase of a paid plan. The free domain name applies only to the following TLD's: .com, .net, .org, .biz.
The domain name is yours to keep. We register the domain in Bandzoogle's name, but will unlock and transfer it to your name upon cancellation of an active paid account, or upon request anytime during the term of your active paid account membership. You may not transfer a domain away within 90 days of its registration.
The free domain will be renewed for the lifetime of your Bandzoogle paid account.
Upon cancellation, domains are instantly unlocked and a transfer code is sent by email the address associated to the account. It is the responsibility of the user to transfer the domain to a new registrar. We will not renew domains after cancellation, so when cancelling it is important to transfer the domain away with sufficient time to set it up at a new registrar.
You may purchase additional domains, for $14.95 per year. Additional domains are not renewed automatically.
If your account is inactive for any reason (including but not limited to non-payment or violation of our terms of service), any domain name in your account will transfer to Bandzoogle. In this case, Bandzoogle has the right to register the domain for its own purposes, sell or transfer the domain to a third party, or delete the domain and allow any new registrant to register it.
If Bandzoogle is made party to a legal challenge relating to one of your domain names, you agree to be held responsible for all of Bandzoogle's costs and legal fees, and to indemnify and hold Bandzoogle harmless for any action.
Under no circumstance will Bandzoogle be liable for any damages relating to domains, including but not limited to failure or errors in renewing, transfer, or registration of domains.
The Bandzoogle service includes the option to sell good and services directly on member websites. Bandzoogle provides the platform to offer sales, but all transactions occur at our third party transaction processor, PayPal. All transactions are subject to the terms and conditions of Paypal. Further, Bandzoogle is not responsible for, and does not have access to, any aspect of transactions that happen on our platform aside from the items that were included in a specified transaction.
By using any e-commerce components of the service, you agree to not sell products that, in our discretion:
We reserve the right to disable or remove any products that are in violation of the terms of this agreement without warning.
You retain full ownership of your content. We don’t claim ownership of the content you provide to the service. These Terms only grant us the limited rights that are needed to provide the Services. By submitting, uploading, posting or displaying content on or through the Services, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to transmit, display and distribute such content as required to provide the Services to you. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. In order to provide the Services, we need the rights to make technical decisions on how to provide and administer the Services. This includes, but is not limited to, how to store your content, how to secure your content. These rights extend to third parties we work with to provide the service, such as our hosting providers.
We do not control or actively monitor your content however we reserve the right at all times to remove or refuse to distribute any content which breaches our policies and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
We do not permit copyright infringing activities and infringement of intellectual property rights on and will remove any content if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:
Click here to contact us via email, or send a postal mail to:
1608 S. Ashland Ave #92842
If we receive a copyright or complaint in relation to content you have on the Website that a third party claims violates their copyright, trademarks or other rights, we reserve the right to investigate and take down the complained of material including the right to disable your site on the Website while we investigate or in order to comply with a request from a third party.
The Services and the information and materials that it contains, are the property of Bandzoogle and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Nothing in the Terms gives you a right to use the Bandzoogle name, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.
You agree to defend, indemnify, save and hold Bandzoogle harmless from any and all demands, liabilities, losses, potential losses, claims, costs and expenses (including attorney's fees), asserted against Bandzoogle, its affiliates, subsidiaries, partners, agents, customers, officers, contractors, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you and any content you make available through the Service.
THE SERVICES ARE PROVIDED "AS IS." WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) PROPERTY DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (V) ANY LOSS OR CORRUPTION OF DATA FILES ON THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS PAID BY YOU TO US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY APPLICABLE LAW.
We may, under certain circumstances terminate your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Services, or (e) unexpected technical, security or legal issues or problems. In most cases we will attempt to give you ample notice of any termination or suspension to help you secure your data, however in some cases the termination may not include notice (for example, a court order or flagrantly violating these terms). Termination of Your access to the Services may also include removal of the materials uploaded by You to the Services. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to You or any third-party for any termination of Your access to removal of any of the materials uploaded by You through the Services.
We may alter, suspend, or discontinue the Services at any time and for any reason but will endeavour to provide advance notice of any such outages. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the Website without notice. We may revise these Terms from time to time and the most current version will always be posted on the Website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
We cannot and do not make any representation or warranty concerning security of the communication to or from the service. Do not attempt to connect to the service using insecure access channels, such as, but not limited to web service requests made over an insecure connection, or any 3rd party applications. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
Bandzoogle does not place a cap on a customer’s bandwidth use, or charge customers for the amount of bandwidth used, but reserves the right to take measures to address any customer's excessive use of bandwidth, which can negatively impact Bandzoogle's service or its users.
Bandwidth use is considered to be excessive when it significantly exceeds the usage characteristic of a typical user of the Service. This will be determined by Bandzoogle in its sole discretion.
If a customer's use is deemed to be excessive, Bandzoogle will make every effort to contact the customer and review the matter. However, where Bandzoogle, in its sole discretion, determines that the usage potentially impacts Bandzoogle's ability to provide its Services or that its network resources need to be protected, it reserves the right to suspend or terminate service in response to a customer's excessive bandwidth use, without notice to the customer.
Bandzoogle reserves the right to monitor bandwidth, usage, transmissions, and content in order to identify violations of this Policy, protect the network and its users.
Last Updated: May 3, 2016
During the course of your use of the Website and Services, we may request certain Personal Information to enhance your use of the Website and Services. “Personal Information” is any information which identifies an individual. For example, when you create a trial account, we store your project name, user name and email address in our database. Paid users also have their billing information and full name stored. We use Paypal, a third party payment processor, so we do not store your credit card or banking information. The information we collect may be used to provide you with customer support, send you communications such as special offers, promotions, bill you for the Services (if applicable), and email updates on the Services.
We may combine your Personal Information with Non-Personal Information and aggregate it with information collected from other users of the Website and Services (“Aggregated Data”). We collect Aggregated Data to enhance your user experience, to improve our Services generally and to analyze and understand how our Website and Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance, to deliver results to you according to your preferences or restrictions, for advertising purposes. We may share Aggregated Data with third parties for industry analysis and to deliver targeted advertising about other products and services. Any aggregated information shared in these contexts will not contain your Personal Information.
We also automatically collect certain other information when you use the Services, such as your Internet Protocol (IP) address (if using a browser), operating system, the browser type, and your activity on the Website. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above.
We may also automatically collect certain information through the use of "cookies”. These are small files that your browser places on your computer. We may use both session cookies and persistent cookies to better understand how you interact with our services, to monitor aggregate usage by our users and web traffic routing on our services, and to improve our services. Most Internet browsers automatically accept cookies. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all the features of the Services.
In addition to using cookies as described above, we also may permit certain third party companies to help us tailor advertising that we think may be of interest to users based on your use of the Website and Services and to collect and use other data about user activities on our Website and Services (e.g., to allow them to tailor ads on third party services). These companies may deliver ads that might also place cookies and otherwise track user behavior. These companies may use information about user behavior in order to provide customized advertisements across various services and products. In the course of providing these services, products or placing advertisements, these third party companies may place or recognize a unique cookie on your computer, and may record information to these cookies based upon your activities on our Website and Services and on third party websites. Each of these companies uses this cookie information according to their own privacy and security policies. If you wish to not have this information used for the purpose of serving you targeted ads, you may view a list of other third party service providers who collect information, and/or opt-out of such collection of information about you, by visiting www.networkadvertising.org/choices/.
We use the information we collect to provide our services to you, to measure and improve those services and features, and to provide customer support. Personal Information is also used for billing purposes, if applicable. We may also use the information to detect and prevent unlawful activities. When you send email or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
We will not send you unsolicited commercial electronic messages, except for the purposes of completing a commercial transaction. If you provide us with consent to communicate with you through electronic media (e.g. email, SMS, instant messaging, social media), we will only send you information directly related to your use of the Website and/or the Services. You control when and how (e.g. email, SMS) we send most messages to you. You have the right to opt-out of receiving commercial electronic messages at any time by providing us with written notice. However, if you decide to opt-out of receiving commercial electronic messages from us, you may not be able to take advantage of all the features of the Website and/or the Services. As a user you are solely responsible for complying with spam legislation in relation to your communication with users through the Website or Services.
As a Website and service which caters to bands and their fans, most of our users are 13 years or older. We do not intentionally collect personal information from minors aged 13 or younger. If we learn that we have collected personal information of a child under 13, we will take steps to delete such information from our files as soon as possible.
We do not sell customer lists and we will not disclose or transfer your Personal Information to third parties without your permission, however, please see the Important Exceptions section below.
Our servers are cloud-based and located in different countries, and as such your Personal Information may be available to the U.S. or other countries’ governments or agencies under a lawful order made in that country, irrespective of the safeguards we have put in place for the protection of your Personal Information.
We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone, or the information is required to investigate or prevent illegal activities, fraud, or violation of our Terms of Service. We may also disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.
From time to time, we may provide you the opportunity to participate in surveys, contests or sweepstakes through our Website or Services. If you choose to participate in a survey, contest or sweepstake we may require certain Personal Information from you in order to administer your participation. Participation is never mandatory so it is always your choice whether to provide this personal information or not.
We take technical, contractual and administrative steps designed to protect your Personal Information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your password, remember to log out of your account and close your browser window when you have finished using the Website.
You have the right to access the Personal Information we hold about you in order to verify what we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information. We provide mechanisms to update, correct, delete or add to your Personal Information as appropriate. Having accurate Personal Information about you enables us to give you the best possible service.
If you have any questions, comments or suggestions, please contact us.
Bandzoogle is a registered Trademark
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