Bandwaggon Terms of Use

Welcome to Bandwaggon®, a service provided by Bandwaggon, Inc. (“Bandwaggon”, “We” “Our”, or “Us”).

These Terms of Use govern Your use of Bandwaggon.com (the “Website”), and all related players, widgets, tools, apps, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by Bandwaggon (the “Services”).

These Terms of Use, together with Our Privacy Policy constitute a legally binding agreement (the “Agreement”) between You (“You” or “Your”) and Bandwaggon in relation to Your use of the Website and the Services (together, the “Platform”).

Acceptance of Terms of Use

Please read these Terms of Use, and Our Privacy Policy. If You do not agree to any of the provisions set out in those documents, You should not use the Platform. By accessing or using the Platform, or registering an account, or by viewing, accessing, streaming, uploading or downloading any information or Content, You represent and warrant that You have read and understood the Terms of Service and Privacy Policy, and will abide by them, and that You are either 18 years of age or more, or You are 13 years to 18 years of age and have Your parent(s)’ or legal guardian(s)’ permission to use the Platform.

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify these Terms of Use and Our Privacy Policy, at any time. The date of last modification is stated at the end of these Terms of Use. It is Your responsibility to check this page from time to time for updates. When We make any material updates to these Terms of Use, We will highlight this fact on the Website.

Description of the Platform

The Platform is both a hosting service and a social commerce website. Registered users of the Platform may submit, upload and post audio, text, photos, videos, pictures, stories, graphics, comments, and other content, data or information (“Content”), which will be stored by Bandwaggon at the direction of such registered users, and may be shared and distributed by users of the Platform, using the tools and features provided as part of the Services and accessible via the Website and elsewhere. The Platform also enables users to interact with one another and to contribute to discussions, and enables any user of the Website or certain Services (whether or not registered users of the Platform) to view, listen to and share Content uploaded and made available by registered users.

The Platform also tracks each user’s viewing, sharing and purchases, and may report such activity as a numerical score (“Bandwaggon Score”). The Bandwaggon Score will be determined as a weighted and aggregated score of a user’s total viewing, sharing and purchases, as determined by Bandwaggon in their sole discretion, and is subject to change at anytime, in the sole discretion of Bandwaggon. In accessing or using our Platform, you hereby acknowledge, agree and consent to Bandwaggon being able to track all of your activities, and display or report such activity in any way we see fit.

We may, from time to time, release new tools and resources on the Website, or other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as Well as any additional terms of use that We may release for those specific services or features.

Your Bandwaggon Account

You are not obliged to register to use the Platform. However, access to certain Services is only available to registered users.

When You register to use the Platform, You will provide Us with Your email address, and will choose a username and password for Your account. You must ensure that the email address that You provide is, and remains, valid. Your email address and any other information You chose to provide about Yourself will be treated in accordance with Our Privacy Policy.

You are solely responsible for maintaining the confidentiality and security of Your username and password, and You will remain responsible for all use of Your username and password, and all activity emanating from Your account, whether or not such activity was authorized by You.

If Your username or password is lost or stolen, or if You believe that Your account has been accessed by unauthorized third parties, You are advised to notify Bandwaggon in writing, and should change Your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove or reassign certain usernames in appropriate circumstances, as determined by Us in Our sole discretion, and may, with or without prior notice, suspend or terminate Your account if activities occur on that account which, in Our sole discretion, would or might constitute a violation of these Terms of Use, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

Once Your account has been terminated or cancelled, any and all Content residing in Your account, will be deleted by Bandwaggon, except to the extent that We are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect Our legitimate business interests. You are advised to save or back up any material that You have uploaded to Your account before terminating or cancelling Your account, as Bandwaggon assumes no liability for any material that is irretrievably deleted following any cancellation of Your account. Bandwaggon is not able to provide You with any .csv or other similar file of data relating to activity associated with Your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via Your account page on the Website for as long as Your account is active.

Fees and Payments

Joining Bandwaggon is free. However, there may be fees for certain services. In many cases, if You wish to own the Content We offer, You will need to purchase it. You are responsible for paying all fees and taxes associated with Your purchase of any Content.

All purchases are collected and processed by Amazon Payments. You will need to agree to the Amazon Payments terms and conditions of use prior to consummating any transactions. Bandwaggon is not responsible for the performance of Amazon Payments.

Bandwaggon

Your Use of the Platform

Subject to Your strict compliance with these Terms of Use, Bandwaggon grants You a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Website, to view or listen to Content streamed from the Platform or otherwise displayed, and to share and download audio and video Content where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Uploader”).

In addition, if You register to use the Platform, and subject to Your strict compliance with these Terms of Use, Bandwaggon grants You a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:

The above licenses are conditional upon Your strict compliance with these Terms of Use, including, without limitation, the following:

You agree to comply with the above conditions, and acknowledge and agree that Bandwaggon has the right, in its sole discretion, to terminate Your account or take such other action as We see fit if You breach the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or to report offending users to the relevant authorities.

Your Content

Any and all audio, text, photos, pictures, video, graphics, comments, and other content, data or information that You upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by You, and not by Bandwaggon.

Bandwaggon does not claim any ownership rights in Your Content, and You hereby expressly acknowledge and agree that Your Content remains Your sole responsibility.

Without prejudice to the conditions set forth in Your Use of the Platform, You must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which You do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of Your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.

We may, from time to time, invite or provide You with means to provide feedback regarding the Platform, and in such circumstances, any feedback You provide will be deemed non-confidential and Bandwaggon shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

Grant of License

By uploading or posting Your Content to the Platform, You hereby allow Bandwaggon to store Your Content on Our servers, from where You may control and authorize the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for Bandwaggon to provide You with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use and/or to enable Your use of the Platform, hereby grant such licenses to Bandwaggon on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.

By uploading Your Content to the Platform, You also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to users of any other Websites, apps and/or platforms to which Your Content has been shared or embedded using the Services, to use, copy, transmit or otherwise distribute, publicly display, publicly perform, prepare derivative works of, make available and otherwise communicate to the public Your Content within the parameters set by You using the Services.

The licenses granted in this section are granted separately with respect to each item of Your Content that You upload to the Platform. Licenses with respect to audio and video Content, and any images or text within Your account, will (subject to the following paragraph of these Terms of Use) not terminate until/unless users of the Platform has stopped sharing your Content. Licenses with respect to all such subsequent use by users of the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of Your account.

Removal of Content from Your account will automatically result in the deletion of the relevant files from Bandwaggon’s systems and servers. However, notwithstanding the foregoing, Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader.

Representations and Warranties

You hereby represent and warrant to Bandwaggon as follows:

Bandwaggon reserves the right to remove Your Content, suspend or terminate Your access to the Platform and/or pursue all legal remedies if We believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

Liability for Content

You hereby acknowledge and agree that Bandwaggon (i) stores or hosts Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that You upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Bandwaggon excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that Bandwaggon cannot and does not review the Content created or uploaded by its users, and neither Bandwaggon nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

Bandwaggon and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users on the Website. By using the Platform, You irrevocably waive the right to assert any claim with respect to any of the foregoing against Bandwaggon or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Reporting Infringements

If You discover any Content on the Platform that You believe infringes Your copyright, please report this to Us at copyright@bandwaggon.com.

If You would prefer to send Us Your own written notification, please make sure that You include the following information:

In addition, if You wish for Your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:

Your notice should be sent to Us by email to copyright@bandwaggon.com and/or by mail to the following address:

Bandwaggon Inc., 
545 Washington Ave., Suite 602, Brooklyn, NY 11238 Attn: Copyright Team

If You wish for Your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), Your notice should be sent to Bandwaggon’s designated copyright agent by email to copyrightagent@Bandwaggon.com and/or by mail to the following address: Bandwaggon Inc., 545 Washington Ave., Suite 602, Brooklyn, NY 11238

The foregoing process applies to copyright only. If You discover any Content that You believe to be in violation of Your trademark or other intellectual property rights, which You believe violates Your rights of privacy or publicity, which You believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use, or applicable law, please report this to Us at legal@Bandwaggon.com.

Third-Party Websites and Services

The Platform may provide You with access to third party Websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).

Bandwaggon does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Bandwaggon does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or Privacy Policy, and may have different practices and requirements to those operated by Bandwaggon with respect to the Platform. You are solely responsible for reviewing any terms of use, Privacy Policy or other terms governing Your use of these External Services, which You use at Your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

You are solely responsible for taking the precautions necessary to protect Yourself from fraud when using External Services, and to protect Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

Bandwaggon disclaims any and all responsibility or liability for any harm resulting from Your use of External Services, and You hereby irrevocably waive any claim against Bandwaggon with respect to the content or operation of any External Services.

Blocking and Removal of Content

Notwithstanding the fact that Bandwaggon has no legal obligation to monitor the Content on the Platform, Bandwaggon reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if We have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use or applicable law, or is otherwise unacceptable to Bandwaggon.

Please also note that individual Uploaders have control over the Content that they store in their account from time to time, and may remove any or all Content or other Content without notice. You have no right of continued access to any particular item of Content and Bandwaggon shall have no liability in the event that You are unable to access an item of Content due to its removal from the Platform, whether by Bandwaggon or the relevant Uploader.

Repeat Infringers

Bandwaggon will suspend or terminate Your access to the Platform if Bandwaggon determines, in its reasonable discretion, that You have repeatedly breached these Terms of Use.

If We receive a valid notification from a third party in accordance with Our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if We believe that Your behavior is inappropriate, We will send You a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated immediately.

We will also suspend or terminate Your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Bandwaggon at its discretion.

Disclaimer

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ANY SERVICES PERFORMED OR PROVIDED BY THE PLATFORM ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLATFORM AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PLATFORM, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORM OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PLATFORM OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

BANDWAGGON AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:

  1. ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT BANDWAGGON MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY BANDWAGGON OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT;
(E) YOUR FAILURE TO PROVIDE BANDWAGGON WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
  2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
  3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF BANDWAGGON BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND BANDWAGGON AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO BANDWAGGON AS SOON AS POSSIBLE.

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF BANDWAGGON, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR DELIBERATE ACTS OR OMISSIONS, FOR ANY FORM OF FRAUD OR DECEIT, OR FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

ADDITIONALLY, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BANDWAGGON AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND BANDWAGGON, AND THAT BANDWAGGON’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify, defend and hold harmless Bandwaggon, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

Data Protection and Privacy

All personal data that You provide to Us in connection with Your use of the Platform is collected, stored, used and disclosed by Bandwaggon in accordance with Our Privacy Policy. By accepting these Terms of Use and using the Platform, You also accept the terms of the Privacy Policy, which are incorporated into this Agreement by reference.

Changes to the Platform, Accounts and Pricing

Bandwaggon reserves the right to change, modify, withdraw or discontinue any of the features, services and functionalities of the Platform at any time and for any reason with or without notice. Bandwaggon also reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Bandwaggon shall use its reasonable endeavors to notify registered users of such decision in advance.

You hereby agree that Bandwaggon and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to You or to any third party for any changes or modifications to the Website and/or any Services that Bandwaggon may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or Your possibility to use or access the same from or within any territory or territories. Bandwaggon may change the features of any type of account, may withdraw or, or introduce new types of account at any time and for any reason, and may change the prices charged for any of its premium accounts from time to time.

Termination:

Bandwaggon may suspend Your access to the Platform and/or terminate this Agreement at any time if (i) You are deemed to be a Repeat Infringer as described above; (ii) You are in breach of any of the material provision of these Terms of Use, including without limitation, the provisions of the following sections: Your Use of the Platform, Your Content, Grant of License , and Your Representations and Warranties; (iii) Bandwaggon elects at its discretion to cease providing access to the Platform in the jurisdiction where You reside or from where You are attempting to access the Platform, or (iv) in other reasonable circumstances as determined by Bandwaggon at its discretion.

The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement.

Assignment to Third Parties

Bandwaggon may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Bandwaggon. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Bandwaggon.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Entire Agreement

These Terms of Use, together with the Privacy Policy (which are hereby incorporated by this reference), constitute the entire agreement between You and Bandwaggon with respect to Your use of the Platform (other than any use of Bandwaggon’s APIs which may also be subject to separate API Terms of Use), and supersede any prior agreement between You and Bandwaggon. Any modifications to this Agreement must be made in writing.

Third Party Rights

These Terms of Use are not intended to give rights to anyone except You and Bandwaggon. This does not affect Our right to transfer Our rights or obligations to a third party as described in the Assignment to Third Parties section.

Applicable Law and Jurisdiction

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Bandwaggon seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms of Use by Bandwaggon or any third party, the damage or harm, if any, caused to You will not entitle You to seek injunctive or other equitable relief against Bandwaggon, including with respect to Your Content, and Your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

Force Majeure

Bandwaggon shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Bandwaggon, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Bandwaggon’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Effective Date: 4.29.13