BandClap.com – Terms of Use
1. General Provisions
1.1 Acceptance of Terms
By accessing or using the BandClap website, application, and services (collectively, the “Service”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, you may not access or use the Service.
1.2 User Eligibility
The Service is intended solely for users who are 18 years of age or older. Any access or use by anyone under 18 is expressly prohibited.
2. User Accounts and Content
2.1 Account Responsibility
You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify BandClap immediately of any unauthorized use.
2.2 Content Ownership (Bands/Artists)
You retain all ownership rights to the concert listings, images, music samples, and other content (“User Content”) that you upload, post, or display on the Service.
2.3 License to BandClap
By posting User Content, you grant BandClap a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, display, and perform the User Content solely in connection with the Service (e.g., promoting your concert on the platform).
3. Service Features
3.1 Concert Listings
Bands and Artists are solely responsible for the accuracy and legality of the concert details they post, including dates, times, venues, and ticket links. BandClap is not an event organizer and disclaims all liability for any errors or cancellations of posted events.
3.2 “Claps” (Virtual Applause/Interaction)
The “Clap” feature is provided purely for user interaction and appreciation. It has no monetary value and does not constitute a financial transaction or endorsement by BandClap. Misuse of the Clap feature (e.g., spamming, harassment) is prohibited.
3.3 Private Messaging System
The Service includes a private messaging system (“PMs”) for user-to-user communication. You agree that:
- You will use the PMs responsibly and not to harass, spam, or send explicit, defamatory, or unlawful material.
- BandClap has the right (but not the obligation) to monitor PMs to prevent illegal activity or violations of these Terms.
4. Prohibited Conduct
You agree not to use the Service to:
- Upload or transmit any content that is libelous, defamatory, threatening, abusive, obscene, pornographic, or unlawful.
- Infringe upon the intellectual property rights, privacy rights, or other rights of any third party.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt the integrity or performance of the Service, including transmitting viruses or other harmful code.
5. Disclaimers and Limitation of Liability
5.1 “AS IS”
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. BandClap makes no warranties regarding the reliability, security, or availability of the Service.
5.2 Limitation of Liability
To the maximum extent permitted by applicable law, BandClap shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from (a) your access to or use of the Service; (b) any conduct or content of any third party on the Service (including PMs and concert listings); or (c) unauthorized access, use, or alteration of your transmissions or content.
6. Development Phase (Beta) and Admission Policy
6.1 Service Status and Admission Process
You acknowledge that BandClap.com is a project in an active state of development (Beta). Due to this status:
- Acceptance is Not Guaranteed: The decision to approve or reject the registration of any Band or Solo Artist is discretionary and rests upon the sole discretion of the Service administrator.
- Free Service: The use of the Service is currently free of charge. As BandClap provides this service at no cost to the user, there is no legal liability or obligation on the part of BandClap to accept, maintain, or provide access to any user, Band, or Solo Artist.
- Access Revocation: BandClap reserves the right to reject any registration application or to revoke access to any account at any time, without prior notice or justification.
7. Governing Law and Termination
7.1 Governing Law
These Terms shall be governed by the laws of Spain, without regard to its conflict of laws principles.
7.2 Termination
BandClap may terminate or suspend your account and access to the Service immediately, without prior notice or liability, if you breach any of these Terms.