Terms of Use

General Terms and Conditions

  1. Acceptance of Terms: Get My Band (“GMB”) is an online service that facilitates music fans (a “Pledger”) contributing to the touring costs of independent musician’s (the “Artist”) music (collectively, the “Service”). The Service is operated from the website www.getmyband.com. The use of the GMB Service by an Artist to raise money from Pledgers shall be referred to as a “Campaign”. To participate in the Service you must read and accept all of the terms and conditions of this agreement. Artists are also subject to the terms and conditions in Supplemental Terms and Conditions – Artists, which is incorporated by reference into this agreement. GMB may modify the terms of this agreement, in our sole discretion, by posting amended terms to the Get My Band website. Your continued use of the service indicates your acceptance of the amended agreement.
  2. Participation: Your participation in the Service may require that you supply certain personal information to GMB. The information you supply must be full, complete, and accurate. You are required to maintain and update this information to keep it current, complete and accurate. Personal information supplied will be subject to GMB Privacy Policy, which is incorporated by reference into this agreement. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
  3. Responsible Use / Code of Conduct: As a condition of participation in the Service you will not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by GMB. Further your use of the Service will be in conformity with the GMB Code of Conduct, which is incorporated by reference into this agreement. GMB may remove any content or account at any time for any reason at its sole discretion.
  4. Abuse: To report any abuse of the Service please email: info@getmyband.com
  5. Content: All postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for any item of Content that you post, email or otherwise make available via the Service. GMB does not control, and is not responsible for, Content made available through the Service, and by using the Service you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. GMB makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in such Content. You must evaluate, and bear all risks associated with, the use of any Content or any reliance on said Content, and in no circumstances will GMB be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that GMB does not pre-screen or approve Content, but that GMB shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service for any reason.
  6. Trademark and Copyright: Get My Band, GMB, getmyband.com, the GMB logo, and other names, logos, icons and marks identifying GMB products and services are trademarks of Get My Band and may not be used without the prior written approval of Get My Band. All rights not expressly granted in this agreement are reserved.
  7. Financial Transactions: GMB acts as an intermediary between Pledgers and Artists, and all monies collected are held on account until they are disbursed. After a Campaign reaches a predetermined collection point (the “Pledge Target”), GMB will charge participating Pledger’s credit cards or payment accounts for the pledged amount. GMB will then disburse funds to cover the Artist’s touring costs and associated expenses (including GMB’s fee for running the Campaign). If a Campaign does not reach the Pledge Target, or expires before collecting enough contributions to meet its target, GMB will neither charge nor accept payments from any Pledger. GMB is in no way responsible for the performance or obligations of the Artist. After GMB charges a Pledger’s credit card or other payment account there will be no refunds, unless in its sole discretion GMB determines that a refund is appropriate (and any refunds made shall be subject to any associated transaction costs). GMB is under no obligation to become involved in disputes between Pledgers and Artists, or between Pledgers and any third party. In the event of a dispute, you release GMB, its officers, employees, agents and successors from claims, damages, or demands of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. Artists are wholly responsible for fulfilling obligations both implied and stated in any campaign they create. GMB will engage in commercially reasonable efforts to collect monies committed by Pledgers, however GMB does not guarantee that it will collect the full amount of money committed by Pledgers. GMB reserves the right to terminate a Campaign and refund all Pledgers payments at any time for any reason.
  8. Termination: GMB may terminate or suspend any and all Services, and your GMB account, immediately and without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your GMB account, you may simply discontinue using the Services or send an email to info@getmyband.com (all termination request will be completed within 30 days). All provisions of the General Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.
  9. Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM GMB IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/ OR OTHER CONTENT. THE SERVICES AND/OR OTHER CONTENT YOU DOWNLOAD FROM GMB ARE PROVIDED ON AN “AS IS” BASIS. GMB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GMB MAKES NO WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM GMB WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GMB MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
  10. Limitation of Liability: IN NO EVENT WILL GMB OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF GMB IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GMB’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GMB FOR THE SERVICE, BUT IN NO CASE WILL GMB ’S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO SUMS ARE PAID TO GMB FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM GMB, REGARDLESS OF THE CAUSE OF ACTION.
  11. External Links: GMB may provide links to other websites or resources, however GMB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that GMB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
  12. Indemnity: You agree to indemnify and hold GMB, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any content, any third party content you post or share on or through GMB, your use of the Service or GMB, your conduct in connection with the Service or GMB or with other users of the Service or GMB, or any violation of this Agreement, any law or the rights of any third party.
  13. Entire Agreement: This agreement constitutes the entire agreement between you and GMB regarding the use of the Service, superseding any prior agreements between you and GMB relating to the Service. The failure of GMB to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. No variation to this agreement will be binding upon GMB unless it is made in writing and signed by a director or officer of GMB.
  14. Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with English law, without regard to its conflict of laws principles. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. You waive any claim that any legal proceeding (including any tort claim) brought in accordance with this clause has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Supplemental Terms and Conditions – Artists

  1. Get My Band (“GMB”) is an online service that facilitates music fans (a “Pledger”) contributing to the recording costs of independent musician’s (the “Artist”) touring costs (collectively, the “Service”). The Service is operated from the website www.getmyband.com. The use of the GMB Service by an Artist to raise money from Pledgers shall be referred to as a “Campaign”. These Supplemental Terms and Conditions govern the relationship between GMB and an Artist in relation to the Service.
  2. Signing up: In signing up to use the Service, or during their Campaign, Artists may be requested to provide information to GMB relevant to their Campaign. Artists will provide this information promptly and in good faith, and provide all other assistance and information reasonable requested by GMB.
  3. Withdrawal before Pledge Target: Artists may at any time before reaching their Pledge Target, but always on 30 days notice, withdraw from the Service and terminate their Campaign by emailing info@getmyband.com and providing details of their reasons.
  4. Withdrawal after Pledge Target: Artists who have reached their Pledge Target are committed to performing their show. If for any reason this is not possible the Artist must immediately inform GMB of this fact, and cooperate fully and in the utmost of good faith with GMB to address this situation in a way that is consistent with the interests of GMB, the Artist, and involved Pledgers.
  5. Disbursement of pledged monies: Monies collected by GMB for a Campaign will be held on account for the Artist. GMB will immediately disburse funds to cover the Artist’s recording and associated expenses (including GMB’s fee for running the Campaign) directly to the service providers involved. The Artist and GMB will agree together on which services providers are suitable for the Artists Campaign requirements, and GMB shall contract directly with these service providers for the Artists requirements. If GMB has reason to believe that Artist will not complete their Campaign obligations GMB may cease to disburse funds for the Artist, and require that the Artist enter into discussions with GMB to address GMB’s concerns regarding the completion of the campaign obligations. If the Artist and GMB are unable to reach a satisfactory agreement regarding the outstanding campaign obligations of the Artist GMB may terminate the Campaign and refund monies to Pledgers of the Campaign in proportion to the amounts remaining in the account for the Campaign. Interest on all funds held shall accrue to the benefit of GMB.
  6. ChargeBacks and Refunds: If, for any reason, GMB is required to refund monies to Pledgers of a Campaign, the Artist will fully compensate GMB for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs .
  7. Intellectual Property: Artist shall fully own all the intellectual property to all publishings they create and shows they perform through or result from their Campaign. Artist grants to GMB a non-exclusive, worldwide, royalty free license to reproduce, digitally distribute, and publicly perform the recordings (as well as any underlying musical compositions) created or contributed by the Artist as part of the Campaign via any means developed, owned, or controlled by GMB or its partners solely for the purposes of promoting the Artist’s Campaign or GMB. Artist also grants to GMB a non-exclusive, worldwide license to (i) to reproduce, display and distribute any artwork, photographs supplied by the Artist, liner notes, metadata, track data lyrics and editorial content relating to the recordings, and (ii) to use the name (including professional name(s)), likeness, performances, photographs, and biographical material of each performer, producer, and songwriter featured on a recording, in connection with promoting the Artist’s Campaign or GMB. Notwithstanding the foregoing, Artist acknowledges and agrees that GMB’s business model may involve free promotional downloads and/or streams of recordings.
  8. Representations, Warranties and Indemnities: Artist hereby warrants and represents that: (i) It has the right and power to enter into and fully perform all of its obligations under this Agreement; (ii) It has the authority and right to provide GMB with the rights granted herein; (iii) GMB’s exercise of the rights granted herein will not infringe upon any copyright, trademark, right of publicity, moral right or other proprietary, intellectual property, contractual or other right of any person anywhere in the world; (iv) Neither the recordings, nor any other content provided to GMB by the Artist violate any applicable laws or regulations, including, without limitation, defamation and obscenity laws; (v) The recordings do not include any unlicensed samples or interpolations, Artist shall have the sole responsibility to ensure, as necessary, that all recordings are fully licensed; (vi) No agreement of any kind entered into by Artist does or will interfere in any manner with GMB’s complete performance of this Agreement, or with the rights granted to GMB herein; and (vii) GMB shall not be required to make any payments to third parties in connection with exploitation of the Masters, Controlled Compositions or Content hereunder. Artist will defend, indemnify, and hold harmless GMB, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, and agents, with respect to any claim, demand, cause of action, or debt or liability brought by or claimed by any third party, including attorneys’ fees, to the extent that any such claim is based upon or arises out of a breach of any of Licensor’s representations, warranties, covenants, or obligations.
  9. Tax or other financial obligations: Artist will be fully responsible for any taxation or other financial obligations arising out of its participation in the service. If, for any reason, GMB is required to pay any monies relating either directly or indirectly to an Artist’s campaign, Artist shall fully reimburse GMB for those amounts within 30 days of being informed of these payments.

Code of Conduct

  1. Principles: Get My Band Limited (“GMB”) is an online service that facilitates music fans (a “Pledger”) contributing to the touring costs of independent musicians (the “Artist”) music (collectively, the “Service”). In order to facilitate this we require that all users of the Service abide by this Code of Conduct. GMB may modify the terms of this Code of Conduct, in our sole discretion, by posting amended terms to the Get My Band website. Your continued use of the Service indicates your acceptance of the amendments.
  2. When using the Service activities that are not permitted include, but are in no way limited to, the following:
    1. to act in an abusing or threatening way;
    2. to intimidate or impersonate anyone;
    3. any illegal acts;
    4. any infringement of intellectual property rights;
    5. any commercial activities not approved in writing by GMB
  3. You will not to post, email, or otherwise make available Content:
    1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
    2. that is pornographic;
    3. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    4. that impersonates any person or entity, including, but not limited to, a GMB employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
    5. that includes personal or identifying information about another person without that person’s explicit consent;
    6. that is false, deceptive, misleading, or deceitful;
    7. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    8. that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
    9. that constitutes or contains any form of advertising or solicitation;
    10. that includes links to commercial services or web sites;
    11. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
    12. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    13. that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
    14. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
  4. You agree not to:
    1. contact anyone who has asked not to be contacted;
    2. “stalk” or otherwise harass anyone;
    3. collect personal data about other users for commercial or unlawful purposes;
    4. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by GMB;
    5. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
    6. attempt to gain unauthorized access to GMB’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or GMB website; or
    7. use any form of automated device or computer program that enables the submission of postings on GMB without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, or engage in any other acts which could be considered “gaming the system”