Terms of Service

These Terms of Service ("Terms") govern your access to and use of the BandFan website, platform, and related services (collectively, the "Service"). The Service is operated by BandFan, an entity organized under the laws of Thailand, with its principal place of business at 35/89 Chaiyaphruek Village Soi6, Moo 7, Nong Hoi, Mueang, Chiang Mai 50000, Thailand ("BandFan," "we," "our," or "us").

By creating an account, accessing, or using the Service, you ("you" or "User") agree to be bound by these Terms. If you do not agree, you may not access or use the Service.

By creating an account or using BandFan, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein, as well as all applicable laws.

By using the Service, you represent and warrant that:

(a) You are at least 13 years of age, or the age of digital consent in your country. If you are between the ages of 13 and the age of majority, your legal guardian has reviewed and agreed to these Terms on your behalf.

(b) You have the full power and authority to enter into this agreement.

(c) You are not located in a country that is subject to a U.S. government embargo.

(d) You will not use the Service in violation of any export control or sanctions laws.

3.1. To access certain features, you must create an account. You agree to provide accurate, current, and complete information and to update it as necessary.

3.2. You are solely responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use. We are not liable for any loss or damage arising from your failure to comply with this section.

4.1. Ownership: You retain all ownership rights to the content you upload, submit, or display ("User Content") via the Service.

4.2. License to BandFan: By posting User Content, you grant BandFan a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers), and transferable license to host, store, cache, reproduce, distribute, perform, and display your User Content solely for the purpose of operating, developing, and improving the Service.

4.3. User Warranties: You represent and warrant that: (i) you own all rights to your User Content or have all necessary licenses, rights, consents, and permissions to publish it; and (ii) your User Content does not infringe the copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of any third party.

4.4. Prohibited Content and Conduct: You agree not to post User Content or engage in activity that:

(a) Is illegal, fraudulent, defamatory, libelous, hateful, discriminatory, or violent.

(b) Infringes on any third party's rights.

(c) Contains malware, viruses, or malicious code.

(d) Impersonates any person or entity.

(e) Interferes with or disrupts the integrity or performance of the Service.

(f) Attempts to gain unauthorized access to the Service or its related systems.

5.1. BandFan respects the intellectual property rights of others. If you believe that any material on the Service infringes your copyright, you may submit a notification to our Designated Agent in accordance with the Digital Millennium Copyright Act (DMCA).

5.2. Designated Agent Contact: BandFan Copyright Agent, katsman.nikita@gmail.com, 35/89 Chaiyaphruek Village Soi6, Moo 7, Nong Hoi, Mueang, Chiang Mai 50000, Thailand

5.3. We maintain a policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

6.1. No Direct Payment Processing: BandFan does not directly process payments for donations, song support, or purchases. Any such financial transactions are handled by third-party processors (e.g., Stripe, PayPal, or similar).

6.2. Third-Party Links: Any links to donation or support pages (e.g., "Buy Me a Coffee," PayPal.me) redirect you to a third-party website. Your use of those websites and any transactions you conduct there are governed by that third party's terms and privacy policy.

6.3. No Refunds: Because BandFan does not process payments, we are not responsible for issuing refunds. Any disputes regarding a payment must be resolved directly between you and the applicable third-party processor or the recipient band/artist.

6.4. Disclaimer: We make no guarantees regarding the use of donations by bands or artists.

7.1. By creating a band profile, you represent that you are legally authorized to act on behalf of the band and to grant the licenses described in these Terms.

7.2. You are responsible for all content published under your band profile, including content uploaded by collaborators you authorize.

7.3. You are solely responsible for configuring and managing your donation links. BandFan is not a party to any agreement made between you and your supporters regarding donations.

8.1. By You: You may delete your account at any time through your account settings.

8.2. By Us: We reserve the right to suspend or terminate your account or your access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms, harms other users, or exposes us to liability. This includes, but is not limited to, posting prohibited content, abusing platform features, or attempting to circumvent our systems.

8.3. Upon termination, your right to use the Service will immediately cease. The following sections shall survive termination: 4.1, 9, 10, 11, 12, 13, 14, 15, 16, 21, and 22.

9.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANDFAN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2. WE DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (D) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.3. BANDFAN IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS.

You acknowledge that your use of the Service involves inherent risks, including but not limited to the risk of exposure to content that is offensive, indecent, or objectionable. You assume all risks associated with dealing with other users with whom you come in contact through the Service. BandFan is not responsible for any interactions between users.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BANDFAN, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US (IF ANY) IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100).

You agree to defend, indemnify, and hold harmless BandFan and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) any interactions between you and other users.

The Service may contain links to third-party websites or services (e.g., payment processors, donation links) that are not owned or controlled by BandFan. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that BandFan shall not be liable for any damage or loss caused by or in connection with the use of such third-party services.

These Terms shall be governed by the laws of Thailand, without respect to its conflict of laws principles.

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Service (e.g., a notification or email). Your continued use of the Service after such notice constitutes your acceptance of the revised Terms.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and BandFan regarding the Service.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall otherwise remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BandFan's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

You may not assign or transfer these Terms, by operation of law or otherwise, without BandFan's prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.

For legal notices, or for questions regarding these Terms, please contact us at: katsman.nikita@gmail.com, 35/89 Chaiyaphruek Village Soi6, Moo 7, Nong Hoi, Mueang, Chiang Mai 50000, Thailand.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

21.1. You and BandFan agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") shall be resolved exclusively by binding individual arbitration.

21.2. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be held in the county of our principal place of business, or at another mutually agreed location.

21.3. Class Action Waiver: You and BandFan agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action.

Notwithstanding Section 21, both parties agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.