Copyright © 2015-present . All rights reserved. Designated Trademarks and brands are the property of their respective owners. Use of this web app constitutes acceptance of the Band.Ninja Terms of Use and Privacy Policy.

Terms of Use


Band Ninja™ (“Band.Ninja”, and “Band dot Ninja”) was founded on the principle of bringing simplicity to the organization and gig management of performing musicians and bands using mobile, and desktop web browsers.

These Terms of Use apply to your access and use of the Band.Ninja website (located at www.band.ninja) and use of the Band.Ninja services, collectively called “The Band.Ninja app”. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using The Band.Ninja app on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of these terms.

We reserve the right to change or modify these Terms of Use or any policy or guideline of The Band.Ninja app, at any time. Band.Ninja encourages visitors to frequently check this page for any changes to its Terms of Use. Any changes or modification will be effective immediately upon posting of the revisions on our website, and you waive any right you may have to receive specific notice of such changes or modifications.

Your continued use of The Band.Ninja app following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

Privacy Policy


Band.Ninja (“Band Ninja”, and “Band dot Ninja”) was founded on the principle of bringing simplicity to the organization and management of performing musicians and bands using mobile, and desktop web browsers. We know that you care about how your personal information is collected, used and shared, and we take your privacy very seriously.

By visiting the Band.Ninja website (located at www.band.ninja) and using the Band.Ninja mobile applications and services, collectively called “The Band.Ninja app”, you are accepting the practices outlined in this Privacy Policy.

“Personal information” means information that specifically identifies an individual (such as a name, address, telephone number, mobile number or e-mail address) or information about that individual that is directly linked to personally identifiable information. Personal information does not include “Aggregate” information, which is data we collect about the use of The Band.Ninja app. Our privacy policy does not restrict or limit our collection and use of Aggregate information.

We actively collect certain information you voluntarily provide to us, such as when you create an account and send us an email. We automatically collect certain information when you use our The Band.Ninja app, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring site and your activity while using The Band.Ninja app. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.

We may also automatically collect certain information through the use of “cookies”. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. Band.Ninja cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or e-mail address is.

Band.Ninja users who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using The Band.Ninja app, with the drawback that certain features of The Band.Ninja app may not function properly without the aid of cookies.

We use personal information collected through The Band.Ninja app for the purposes described in our Privacy Policy or elsewhere on The Band.Ninja app. For example, we may use personal information we collect:

  • to provide our services or information you request, and to process and complete any transactions;
  • to respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service;
  • to monitor and analyze The Band.Ninja app usage and trends to better understand how Band.Ninja users use our products and services; and to increase their functionality and user friendliness;
  • to send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, The Band.Ninja app; and
  • for any other purpose for which the information was collected.

We will not share the personal information we collect from you through The Band.Ninja app with third parties, except as described in our Privacy Policy or elsewhere on The Band.Ninja app. For example, we share personal information as follows:

  • with service providers who are working with us in connection with the operation of The Band.Ninja app;
  • when you give us your consent to do so, including if we notify you on The Band.Ninja app that the information you provide will be shared in a particular manner and you provide such information;
  • to enforce or apply our Privacy Policy, our terms of use or our other policies
  • or agreements;
  • when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders;
  • in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of the business assets of us.

We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.

The Band.Ninja app may contain links to other sites. Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. Our Privacy Policy does not apply to such linked sites, and we are not responsible for the content or privacy and security practices and policies of these sites or any other sites that are linked to from The Band.Ninja app.

As you browse Band.Ninja, advertising cookies will be placed on your computer so that we can understand what you are interested in. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number.

We take reasonable measures to protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.

Only employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.

You must be 14 years and older to register to use the The Band.Ninja app. As a result, Band.Ninja does not specifically collect information about children. If we learn that Band.Ninja has collected information from a child under the age of 13, we will delete that information as quickly as possible. We recommend that minors between the ages of 14 and 18 ask and receive their parents’ permission before using The Band.Ninja app or sending information about themselves or anyone else over the Internet.

Band.Ninja may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. Band.Ninja encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of the The Band.Ninja app after any change in this Privacy Policy will constitute your acceptance of such change If you decide to use The Band.Ninja app, your usage and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of Ontario law in Canada.

This Privacy Policy is effective as of March 17, 2015

Please contact us at support@band.ninja if you have any questions about our Privacy Policy.

Registration Data


You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms in The Band.Ninja app (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.

User Content and Sharing Functions


You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through Band.Ninja any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would violate any local, provincial, state, national or international law;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Band.Ninja app.
  • Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Band.Ninja app.

As a provider of interactive services, we are not liable for any statements, representations, User Content or Third Party Content (as defined below) provided by users in any public forum. Although we have no obligation to screen, edit or monitor any of the User Content posted, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content shared or stored for any reason without notice, and you are solely responsible for creating backup copies of and replacing, any User Content you share or store while using the Band.Ninja app.

We do not own the User Content you share while using the Band.Ninja app, but in sharing User Content using the Band.Ninja app, you grant us a nonexclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with the Band.Ninja app. You may cancel this license at any time by sending us an email at support@band.ninja to remove the User Content from The Band.Ninja app.

Third Party Content


We may share third party content on the Band.Ninja app and provide links to sites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and we make no representation or warranties of any kind regarding the Third Party Content.


You are granted a right to create a text hyperlink to the Band.Ninja app for noncommercial purposes, provided such link does not portray us or the app in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

You may not use, frame or utilize framing techniques to enclose any Band.Ninja trademark, logo or other proprietary information, including the images found at the Band.Ninja app, the content of any text or the layout/design of any page or form contained on a page on The Band.Ninja app without our express written consent.

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from The Band.Ninja app or sites linking to The Band.Ninja app.

Advertising and Promotions, Third party products and services


We may run advertisements and promotions from third parties inside The Band.Ninja app or may otherwise provide information about or links to third-party products or services inside The Band.Ninja app. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- Band.Ninja advertisers or third party information inside The Band.Ninja app.


Unless otherwise indicated on The Band.Ninja app, The Band.Ninja app and all content and other materials inside them, including, but not limited to, our logo and all designs, text, graphics, pictures, audio, video, information, data, software and the selection and arrangement thereof (collectively, the “The Band.Ninja app Materials”) are our proprietary property or our licensors or users and are protected by Canadian, U.S. and international copyright laws.

By registering as a user, you are granted a limited, non-sublicensable license to access and use The Band.Ninja app and electronically copy, (except where prohibited without a license) and print to hard copy portions of the The Band.Ninja app Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these Terms of Use and does not include: (i) any resale or commercial use of the The Band.Ninja app or the The Band.Ninja app Materials therein; (ii) the distribution, public performance or public display of any The Band.Ninja app Materials; (iii) modifying or otherwise making any derivative uses of The Band.Ninja app and the The Band.Ninja app Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of The Band.Ninja app, the The Band.Ninja app Materials or any information contained therein, except as expressly permitted on The Band.Ninja app; or (vi) any use of The Band.Ninja app or the The Band.Ninja app Materials other than for its intended purpose. Any use of The Band.Ninja app or the The Band.Ninja app Materials other than as specifically authorized in these Terms of Use, without the our prior written permission, is strictly prohibited and will terminate the license granted in these Terms of Use. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Indemnification


You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of The Band.Ninja app, the The Band.Ninja app Materials, and/or Sharing Functions; (ii) your conduct; (iii) your violation of these Terms of Use or your violation of the rights of any third party; or (iv) any User Content.

Disclaimer


UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE BAND.NINJA APP, THE THE BAND.NINJA APP MATERIALS, THE THIRD PARTY CONTENT, THE USER CONTENT, ANY HYPERLINKS, AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR THE BAND.NINJA APP (COLLECTIVELY, “BAND.NINJA PRODUCTS/CONTENT/SERVICES”) ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY BAND.NINJA PRODUCTS/CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY BAND.NINJA PRODUCTS/CONTENT/SERVICES.

UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL BAND.NINJA PRODUCTS/CONTENT/SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.

Limitation of Liability


IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE BAND.NINJA PRODUCTS/CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA BAND.NINJA PRODUCTS/CONTENT/SERVICES OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE BAND.NINJA PRODUCTS/CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM USE VIA BAND.NINJA PRODUCTS/CONTENT/SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.

Repeat Infringer Policy


In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to The Band.Ninja app and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints


If you believe that anything on The Band.Ninja app infringes upon any copyright which you own or control you may file a notification of such infringement with us at:

Band.Ninja

217-43 Hanna Ave

Toronto, ON

M6K 1X1

E-mail Address: support@band.ninja

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorney's’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Termination


We have the right, without notice and in sole discretion, to terminate your license to use The Band.Ninja app and to block or prevent your future access to and use of The Band.Ninja app.

Applicable Law and Venue


These Terms of Use and your use of The Band.Ninja app will be governed by and construed in accordance with the laws of the province of Ontario, Canada, applicable to agreements made and to be entirely performed within the province of Ontario, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the provincial and federal courts located in Toronto Ontario, Canada and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Questions and Contact Information


Questions or comments about The Band.Ninja app may be directed to us at the email address

info@band.ninja

Last Revised: February 11, 2016

Band.Ninja Trademark


Band.Ninja maintains its website as a service to the Internet community. Access to and use of www.band.ninja is subject to the terms and conditions set forth herein and all applicable laws. Band.Ninja may revise these terms and conditions from time to time by updating this posting.

This site and all of its contents including, but not limited to, all text and images (“content”) are owned and copyrighted by Band.Ninja or others with all rights reserved unless otherwise noted. The content, without the express written permission of Band.Ninja or the rightful owner, may not be distributed, downloaded, modified, edited, reused, reproduced, transmitted, performed, displayed or otherwise used by any mechanical or electronic means, except as provided herein.

Any content that is a trademark, logo, or service mark is also a registered and/or unregistered trademark of Band.Ninja or others, including, but not limited to, BAND.NINJA™,Band Ninja™, and “Band dot Ninja”™.