Terms of Service

1. Introduction

Welcome to Bandsurf! These Terms of Service ("Terms") govern your use of the Bandsurf mobile application and related services (collectively, the "Services") provided by JakeWorks LLC ("we," "us," "our," or "Bandsurf").

By creating an account or using Bandsurf, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Eligibility

• You must be at least 13 years old to use Bandsurf
• By using our Services, you represent and warrant that you are at least 13 years old
• If you are under 18, you represent that you have your parent or guardian's permission to use our Services

3. Account Registration

Creating an Account

• You must provide accurate, complete, and current information
• You may register using email/password, Google OAuth, or Apple Sign In
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account

Account Types

• Fan Account: For discovering shows and following artists
• Artist Account: For promoting shows and connecting with fans
• Venue Account: For venue operators (future feature)

You may only create one account per type. Creating multiple accounts to circumvent bans or restrictions is prohibited.

4. Acceptable Use

You May Use Bandsurf To:

• Discover live music shows in your area
• Follow your favorite artists
• Create and promote shows (artists only)
• Receive notifications about upcoming performances
• Connect your Spotify account to discover artists

Prohibited Conduct

You agree NOT to:

• Violate any applicable laws or regulations
• Create false or misleading show listings
• Impersonate any person, artist, or entity
• Use automated means (bots, scrapers) to access the Services
• Attempt to gain unauthorized access to any accounts or systems
• Upload malicious code or viruses
• Harass, abuse, or harm other users
• Post spam or unauthorized commercial content
• Sell or transfer your account
• Circumvent any security features or access restrictions
• Use the Services for any illegal purposes

5. Content

Your Content

You retain ownership of content you post to Bandsurf ("Your Content"), including:

• Artist profiles and bios
• Show listings
• Photos you upload

License to Bandsurf

By posting Your Content, you grant Bandsurf a worldwide, non-exclusive, royalty-free license to:

• Display Your Content within the Services
• Share show information with users who follow you
• Include Your Content in notifications to users
• Modify Your Content for technical requirements (e.g., image resizing)

This license continues only as long as Your Content remains on our Services.

Content Standards

Your Content must not:

• Contain hate speech, discrimination, or harassment
• Include explicit sexual content or nudity
• Promote violence or illegal activities
• Infringe on intellectual property rights
• Contain malware or harmful code
• Include personal information of others without consent

Show Data

• Show information may be aggregated from multiple sources including user submissions and third-party providers (e.g., Ticketmaster)
• We strive for accuracy but cannot guarantee all show information is correct
• Artists are responsible for the accuracy of shows they create

6. Intellectual Property

Bandsurf's Property

The Services, including the logo, design, code, and content we create, are owned by JakeWorks LLC and protected by copyright, trademark, and other laws. You may not copy, modify, or reverse engineer any part of our Services.

Copyright Infringement (DMCA)

We respect intellectual property rights. If you believe content on Bandsurf infringes your copyright:

Send a notice to: copyright@bandsurf.co

Include:

• Your contact information
• Identification of the copyrighted work
• URL of the allegedly infringing content
• A statement that you have a good faith belief the use is unauthorized
• A statement that the information is accurate, under penalty of perjury
• Your physical or electronic signature

Repeat Infringers

We will terminate accounts of users who repeatedly infringe intellectual property rights.

7. Third-Party Services

Bandsurf integrates with third-party services including:

• Spotify (for artist discovery)
• Apple Music (for artist links)
• Ticketmaster (for show data)
• Google/Apple (for authentication)

Your use of these services is governed by their respective terms of service and privacy policies. We are not responsible for third-party services.

8. Privacy

Your use of our Services is also governed by our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and protect your information.

9. Disclaimers

No Warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Show Information

• We do not guarantee the accuracy of show information
• We are not responsible for cancelled or rescheduled shows
• We do not sell tickets or guarantee entry to any shows

User Content

We do not endorse or guarantee any user-generated content. Users are solely responsible for their content and interactions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JAKEWORKS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Lost profits or revenue
• Loss of data
• Failure to attend a show
• Inaccurate show information

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify and hold harmless JakeWorks LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content

12. Termination

By You

You may terminate your account at any time through the app settings. Upon termination, your data will be immediately deleted as described in our Privacy Policy.

By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Abuse or harass other users
• Create multiple accounts to evade restrictions

Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• We may delete Your Content
• All licenses you granted to us survive termination

13. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Jurisdiction

Any disputes arising from these Terms or your use of Bandsurf shall be resolved exclusively in the state and federal courts located in California. You consent to the personal jurisdiction of these courts.

No Class Actions

You may only resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the new Terms in the app
• Updating the "Last Updated" date
• Sending you a notification

Your continued use of Bandsurf after changes constitutes acceptance of the new Terms.

15. General Terms

Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Bandsurf.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.

No Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations to others.

Survival

Provisions that by their nature should survive termination of these Terms shall survive.

16. Contact Information

If you have questions about these Terms, please contact us at:

By using Bandsurf, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.