Terms of Use

(1) Introduction

Welcome to Bandonkers. By accessing bandonkers.co.uk (the “Website”) you are agreeing to these Terms of Use. This applies whether or not you create an account. In these Terms of use, account holders are referred to as “Members”. These Terms of use are designed to ensure that Bandonkers provides the best possible experience for everyone. If you disagree with any of these Terms of use, you must not use the Website. These Terms of use constitute a legally binding agreement (the “Agreement”) between you and bandonkers.co.uk.

(2) Copyright

Copyright © 2010 – Bandonkers

Subject to the express provisions of these Terms of Use:

We, together with our licensors, own and control all the copyright and other intellectual property rights on our website. All the copyright and other intellectual property rights on our website and the materials on our website are reserved.

(3) Eligibility

By using the Website and by agreeing to these Terms of use you warrant and confirm that you are at least 16 years of age, and that if you are 16 or 17 years of age you have your parent or guardian's permission to use the Website. By using the Website, you warrant and confirm that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms of this Agreement.

(4) Term

You accept use of the Website is fully governed by this Agreement. Should you wish to remove your membership, you still fully endorse this Agreement. You may remove your Membership for any reason and at any time. You accept we may remove your Membership at any time and without warning. If you violate this Agreement in any way, or if we reasonably suspect that you have violated this Agreement in any way, you will not be entitled to any refund for featured classified advertisements.

(5) License to use the website

Unless otherwise stated, bandonkers.co.uk or our licensors own the intellectual property rights to the Website and material on the Website. All our intellectual property rights are reserved.

You agree to not:

  • duplicate, reproduce, copy or otherwise exploit the Website (including unauthorised linking or framing of the Website) or material on the Website for a commercial purpose or otherwise
  • replicate or republish or redistribute any material from the Website (including any form of replication to another website)
  • sell, resell, rent, sub-license any material from the Website
  • store material from the Website in any storage medium

(6) Acceptable use

The Website must be used as it has been designed to be used, in good faith to help musicians. Any deviation from normal use is not allowed. This includes but is in no way limited to:

  • attempts to deny accessibility or availability, hacking attempts, spamming attempts, damage to the Website or misuse
  • unsolicited commercial communications or advertisements unrelated to music or musicians
  • illegal or fraudulent activity or any activity relating to illegal or fraudulent activity. All illegal activity will be investigated and the appropriate legal action will be taken
  • uploading or attempted distribution of any computer virus, spyware or any malicious or unethical software of any kind
  • data collection from the Website for any purpose. This includes but is not limited to data mining, data harvesting, scraping and data extraction.

You accept that we reserve the right to remove your account at our sole discretion if we feel you have directly contravened these Terms of Use.

(7) Copyright policy

You must own and hold the copyrights for all material uploaded to the Website. If copyrights or trademarks are not held for material, you must obtain permission in the form of written consent(s) of the owner(s) before any use on the Website. Any material infringing on copyrights or trademarks, must not be uploaded under any circumstances.

(8) Membership

In order to access the full functionality of the Website, users must sign up to become Members.

Users must be 16 or over to become Members. If a user is 16 or 17 years of age, they must get their parents or guardians permission to become Members.

To sign up, a user must enter a username, postcode, email address and password. You will recognise not all usernames are available. We may ask you to change your username if it does not adhere to the User Generated Content terms (section 11), or if your username imitate or appears to imitate another person or for any other reason.

Once a user has become a Member of the Website, they may:

  • reply to advertisements
  • post their own free or featured advertisement
  • access and use the forum
  • upload a picture of themselves
  • change their account information
  • receive messages from other users
  • receive email notifications from the Website

Features available to Members may change at any time as the site is updated at our sole discretion.

Members or any content or material associated with a Member, may be suspended or removed from the Website, in some cases without prior warning and without explanation at our sole discretion. For more information, please see our Acceptable use terms above.

(9) Classified advertisements

Members are welcome to place classified advertisements on the Website for the purposes of finding other musicians.

Classified advertisements submitted to the Website must contain genuine musician seeking musician content which is truthful and correct. Advertisements should be authentic and should detail points such as genres, influences, frequency of rehearsals, any upcoming gigs, experience levels and future plans.

Classified advertisements are to be written solely with the intention of finding other musicians. They are not to be used to express opinions, advertise a product or service or be written with any other intention other than finding other musicians.

Content should be informative, friendly, tasteful and relevant.

Advertisements for any other purpose than to find other musicians is forbidden. Please follow the Acceptable use terms above and make sure content complys with the User generated content section below. You must be 16 or over to place classified advertisements. If you are 16 or 17 years of age, you must have your parents or guardians permission to place classified advertisements at all times.

If you arrange to meet another Member through this Website or any other website, please stay safe. Sometimes people are not who they say they are. You should always proceed with upmost caution.

If in our opinion we believe you have contravened any terms in this section, we may remove, change or ask you to change your advertisement.

Please remove any advertisement you no longer need to stop other Members replying to a post which is no longer available.

  • Free advertisements

Members are welcome to post a free advertisement at any time. Free advertisements are available to all Members on the site

  • Featured advertisements

Members can pay a small fee to feature their advertisement. Featured advertisements are styled to stand out from other advertisements. They will also show at the top or near the top of most listings and show in a 'Featured posts' box. Once the featured period has expired, the advertisement will show on the sites in the style of free advertisements

(10) Limitations of liability

By using the Website, you understand and accept we:

  • do not usually review or approve information placed on the Website by Members
  • do not know how accurate information posted on the Website is
  • do not know if information placed on the Website is valid
  • don’t vet Members
  • we are not responsible for the behaviour of Members on the Website whether online, offline or in person.

You accept that it would be unreasonable to hold us liable for any behaviour or actions of other Members or users of the Website. This applies equally whether contacting the Member online, contacting the Member offline or even meeting the Member or Members in person.

You agree to other users publishing content or material which may declare you as the subject of that material or otherwise make references to you either directly or indirectly on the Website. You accept that other Members may contravene these Terms of use by posting or sending unfavourable, defamatory, insulting or unlawful material about you. You accept that although this may cause you distress, you will not hold us liable in relation to any such material but will instead, work with us to resolve any such situations.

We do not guarantee information on the Website is correct or kept up-to-date although we try to keep it to as high standard as possible.

You acknowledge and accept that you are wholly responsible for your behaviour on the Website, including interactions with other Members. We reserve the right to monitor disagreements between Members.

Use of the Website is done so entirely at your own risk. We will not be held liable in respect of any loss, corruption or theft of any data. Furthermore, we will also not be held liable for any alteration of, destruction of or unauthorised access of any data.

You acknowledge that we will not be held liable to you with regard to any incidental, indirect, exemplary, consequential or special loss or damage.

Even though prohibited by these Terms of Use, you accept certain users or Members on the Website may behave in a manner that is deceptive and/or illegal. You also accept and are aware that people might not be who they claim to be.

We accept no responsibility should the website become unavailable due to technical difficulties or a hosting issue. Any such issues will normally be resolved within a reasonable time frame.

The website contains hyperlinks to third party websites we have no control over. We therefore accept no responsibility for them or for any loss or damage that may arise from your use of them. Furthermore, we are not responsible for the Terms of Use or the Privacy Policies of any such sites.

To the maximum extent permitted by applicable governing law, we exclude all warranties, representations and conditions (including, without limitation, the conditions implied by law of fitness for purpose, satisfactory quality and the use of reasonable care and skill).

Bandonkers.co.uk will not be held liable, in any event, to you or any third person for any damages whatsoever, including, without limitation, any loss of profit, business, contracts, goodwill, data, revenue, income or anticipated savings arising from your use of the Website, whether arising in tort, contract, or otherwise, even if bandonkers.co.uk has been advised of the possibility of such damages. Unless specified otherwise in these Terms of use, bandonkers.co.uk’s liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to bandonkers.co.uk.

Under no condition will Bandonkers.co.uk be liable for any loss or damage, including personal injury or death, resulting from anyone’s direct or indirect use of the Website. This includes, but is not limited to any material posted on the Website, any material that is transmitted between Members on the Website and includes any other actions resulting from use of the Website in any way, whether that be in person, online or offline.

We have no involvement whatsoever in the sale of goods or services on Bandonkers. In relation to any goods or service advertised on the Website:

  • we do not, in any way vet or perform checks on any seller or buyers
  • we are not, in any way, involved with the sale of goods or services.
  • we make no financial gain from the sale of goods or services.
  • we are not party to the sale of goods or services.
  • we are not involved, in any way, in the transaction between buyers and sellers

We therefore, will not be held liable by any Member, be it buyer, seller or otherwise in relation of the sale of goods or services. Products and services are bought and sold entirely at the Member’s own risk. We are not obliged to mediate between parties or enforce any contractual obligations.

(11) User generated content

The Website must be used as it has been designed to be used. Please see the Acceptable use terms above for more information.

“User generated content” or “material” means any information you post or upload to the Website including but not limited to text, photos, audio, video, audio-video or hyperlinks.

By posting, uploading or transmitting any content or any material, you grant us a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, sub-licensable right to reproduce, publish, translate, alter and distribute such material in any media.

Any material you post to the Website, upload to the Website or transmit via the Website is done so at your own risk. We are not responsible for material you choose to post, upload or transmit. You accept you are responsible for any material posted or uploaded to the Website or transmitted via the Website.

You should never include personal details such as your full name, address, email address, phone number or passwords on publicly viewable pages of the Website such as classified posts or on the forum.

Posting, uploading or transmitting any material that is unlawful or illegal, misleading, hateful, menacing, blasphemous, discriminatory or inflammatory, threatening, harassing, obscene, abusive, defamatory or indecent material, or any material that portrays violence is prohibited.

Additionally, material posted or uploaded to the Website or transmitted via the Website must not infringe any person’s right of privacy, intellectual property rights, right of confidence, or right under data protection legislation.

User generated content must not contain information that, if acted upon could cause any form of harm, loss or damage to other users.

Posting or transmitting any material which, without limitation may relate to any criminal activity, constitute encouragement to commit a crime, give rise to civil liability or otherwise violate any applicable law is prohibited.

Any information you place on the Website regarding yourself or your band should be up-to-date and truthful.

The Website must not be used for any purposes related to marketing or commercial activities.

Mass messaging other Members (spam) is prohibited.

You accept that any material you post to the Website may be removed or changed by us if we feel it is not acceptable for any reason.

Any material posted on the Website, uploaded to the Website or transmitted via the Website which contravenes these Terms of Use may result in us taking any action we deem suitable, including implementing access restrictions, removing your account or initiating legal action against you.

(12) Variation

These terms may be revised from time to time. Please check the Terms of Use regularly to make sure you are aware of any amendments. The date of the latest publication is shown at the end of these terms. Existing users/Members are bound by any revised terms at the time they are published. New users are bound by these terms once they have accepted them.

(13) Entire agreement

These Terms of Use combined with our privacy policy complete the entire agreement between you and us with regard to your use of the Website. This agreement overrides any previous agreements in regard to the use of the Website.

(14) Law and jurisdiction

These Terms of Use have been created in accordance with English law. Actions by users or Members that contravene these Terms of Use may be subject to the jurisdiction of the courts of England and Wales. If any Terms are found to be invalid or unenforceable, all other terms will remain valid and enforceable.

(15) Our contact details

Tony Davies

Email: admin@bandonkers.co.uk

These Terms of Use are effective from the 2nd May 2020