Bandhappy, LLC, a Maryland Limited Liability Company ("BHLLC") owns and operates the interactive multimedia communications website www.bandhappy.com, and co-branded versions of this site under contract with third parties (collectively "Bandhappy").
You may only use Bandhappy pursuant to the Bandhappy Terms of Service (this "Agreement"), which you accept by your use of Bandhappy. BHLLC reserves the right to modify or revise this Agreement at any time in its sole discretion. Any such modification to this Agreement shall be effective immediately upon being posted on bandhappy unless otherwise stated. You are legally bound by such modifications or revisions, and therefore you should regularly review the most current version of this Agreement. Your continued use of Bandhappy following BHLLC’s posting of any changes or modification to these Terms of Service will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of this Agreement, you should not continue to use Bandhappy.
Bandhappy provides access to various publishing and communication tools which can be used to publish, display, perform, transmit or otherwise distribute (hereinafter "Post") information or content provided by a Member, including, without limitation, messages, photographs, audio files, video files, and live streaming video (hereinafter "Content") on the Internet. Content can also include any song, lyric, notation, recording, and/or any other work of original creation by the Member that Posts such material to Bandhappy. Bandhappy includes the services provided by the Bandhappy interactive multimedia communications website bandhappy and co-branded versions of this site under contract with third parties.
Bandhappy is a venue provided by BHLLC which allows a Bandhappy Member who has registered for and been approved for a Teacher account, to sell access to their Content to other Bandhappy Members. BHLLC earns a Transaction Fee for each completed sale. BHLLC is not a party to the transaction between the Teacher and the Student with respect to the sale/purchase of any Content. BHLLC does not sell, resell or license any Content listed for sale on Bandhappy nor is BHLLC acting as an agent of sale. BHLLC disclaims any responsibility for or liability related to such Content. Any questions, complaints or claims related to the sale/purchase of any Content should be directed to the appropriate Teacher.
Bandhappy offers a comprehensive set of features to approved Teachers. Such features are subject to the Fee Schedule below. Features include, but are not limited to:
There is no charge for becoming a Member of Bandhappy. Students are charged by Teachers for any lessons that they elect to purchase. Bandhappy does not charge a fee to Students for purchasing lessons. However, Students may elect to purchase services and products direct from Bandhappy. Such items will be clearly disclosed to the Student during the purchase process. Services offered to Students include the option to record and download the lesson, access advanced features, and get first chance to purchase premier master class events, and other products and services that are offered through Bandhappy.
Many Teacher Services are free. Teachers are charged for certain services as listed below:
Use of Bandhappy and most Services are free. Certain services, including those services referred to in the Fee Schedule section above, without limitation, require a fee in accordance with the Fee Schedule associated with that Service. You agree that BHLLC may charge to your credit card or other payment mechanism selected by you and approved by BHLLC ("Your Account") all amounts due and owing for the Services, if any, including Training Fees, Advertising Fees, Lesson Booking Fees, or any other fee or charge associated with your use of the Services. BHLLC may change prices at any time without prior notice. You agree that in the event BHLLC is unable to collect the fees owed to BHLLC for the Services through your Account, BHLLC may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by BHLLC in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that BHLLC may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
Charges for lessons purchased as well as other optional services and products will be listed on the Member’s credit card statement as “www.bandhappy.com 1-866-586-8742”.
Certain features of Bandhappy are only available to Members who have completed a membership application and registered a valid user name and password. Membership is available to anyone 13 years of age or older. You must be at least 16 years of age if you wish to register as a Teacher.
Your membership is solely for your personal use and is not transferable. You are solely responsible for the use and maintenance of your user name and password. You shall not authorize others to use your user name. BHLLC reserves the right to cancel any Member account and user name at any time, for any reason, in its sole discretion.
We consider timely attendance at all scheduled sessions to be of primary importance to us as well as to our Teachers and Students. Therefore, absent extreme circumstances, it is expected that all scheduled sessions will, in fact, occur at the time and on the date scheduled. If any Teacher unilaterally fails to attend a scheduled session all prepaid fees paid by the Student will be refunded in full to the Student. If a Teacher repeatedly misses their appointments, Bandhappy reserves the right to strip said Member of their role as Teacher and may only participate as a Student. If any Student who has scheduled a session with a Teacher either unilaterally fails to attend a scheduled session or attempts to cancel the same within twenty-four (24) hours of the time that the session was scheduled to occur, absent agreement by the Teacher suffering the failed session to reschedule the session, which agreement may or may not be given at said Teacher's sole unilateral discretion, such Student shall forfeit the full amount of any prepaid fees for the session and no refund will be provided. Bandhappy LLC reserves the right in its sole discretion to limit the Site access or terminate the account of any Student or Teacher who causes any session to fail to be timely held as scheduled.
Musicians that sign up for, and are approved by the Review Committee, to teach music lessons through Bandhappy do so as individual musicians. A musician may make one profile for themselves only. An individual can not have more then one teacher profile and can not operate a teacher profile for anyone other then themself.
Teachers must be punctual to all of their lessons. If a Teacher must miss and/or reschedule a lesson, the Teacher must make every possible effort to contact the Student to make alternate arrangements – See the above section Scheduled Session Cancellation or Failure to Attend Policy. Teachers must provide the lesson as offered in their initial posting. Teachers must conduct themselves in a professional manner and refrain from obscene and/or offensive language/actions.
Teachers must report any income and qualified business deductions related to income earned through this site to the appropriate federal, state, and/or local taxing agencies of their home jurisdiction. Additionally, Teachers are solely responsible to collect and remit any sales tax and/or gross receipts tax to their state and/or local jurisdiction if said jurisdiction has such a requirement. The Student is purchasing the lesson service directly from the Teacher. It is the Teacher’s responsibility to comply with all income tax, sales tax, and any other laws that govern such transactions from the Teacher’s home jurisdiction.
The Teacher is neither an employee, contractor, and/or any type of agent for BHLLC. BHLLC offers the Bandhappy Teacher Services to Teachers for a fee. At present, the State of Maryland does not assess a sales tax and/or gross receipts tax to such service offerings. Any questions should be directed towards your own individual tax preparer.
The Teacher is solely responsible for reporting any income earned while teaching on Bandhappy to their own labels and management companies – if such reporting is necessary. Bandhappy is not responsible for calculating commissions and/or appearance fees that may be due under individual contracts between Teachers and their labels and managers.
Students must be punctual to all of their lessons. If a Student must reschedule a lesson, they must give notice to their Teacher more than Twenty-Four (24) hours in advance of the scheduled lesson. Students must pay promptly upon purchasing a lesson. Students should come prepared to their lessons with their instruments tuned and ready prior to the start of each lesson. Students should maintain focus on the instruction provided by their Teachers. Students must rate their Teachers using the short survey at the completion of each lesson.
All transactions through Bandhappy are denominated in US Dollars using prevailing exchange rates as determined by Visa/Mastercard/Discover/American Express and related merchant processors. Rates can change at any time and without notice.
All International Members agree to be bound by United States law regarding your conduct on this site. This is in addition to any laws from your home country. All International Members are responsible to report their own income and deductions earned/generated through Bandhappy to their own tax authorities.
At this time, Direct Deposits via ACH Credits are available to US based checking/savings accounts only. If an International Teacher opts to receive their payments for lessons sold via PayPal, and PayPal assesses a transfer fee to Bandhappy, Bandhappy will pass that fee onto the International Teacher by withholding the said amount from the Teacher’s payment.
See the Choice of Law and Forum section below for further policies concerning International Members.
Students: In general, no refunds are provided. Once a lesson is provided by the Teacher, a refund is impossible to provide as the funds are disbursed to the Teacher. Refunds are only provided if a Teacher does not show up to a scheduled lesson, made no attempt to reschedule the lesson, and has not attempted to contact the Student. Bandhappy will first work to find an alternate Teacher for the Student prior to issuing a refund in this situation.
Teachers: All sales are final for Advertising Fees, Lesson Booking Fees, PayPal Fees (if applicable), and other fees that may be assessed. In general, no refunds are provided for Training Session Fees. The only exception is if the trainer fails to show to the scheduled training session, has made no arrangements to reschedule the training session, and has made no effort to contact the Teacher at all. Bandhappy will first work to find an alternate trainer for the Teacher prior to issuing a refund in this situation.
You must have a valid email address in order to register for a user name and password on Bandhappy. When registering your user name and password, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) use the user name of anyone else without authorization, (3) use a user name in violation of the intellectual property rights of any person or entity, or (4) use a user name that BHLLC considers in its sole discretion as being inappropriate.
You may change your password at any time (by going to the Bandhappy website home page and clicking on "Edit Profile"). You agree to notify BHLLC of any unauthorized use of your account or any other breach of security, and to ensure that you exit from your account at the end of each session.
This Agreement shall remain in full force while you use Bandhappy and/or are a Member. You may terminate your Bandhappy membership at any time, subject to limitations listed below, for any reason by sending an email with your User ID to firstname.lastname@example.org BHLLC may terminate your Bandhappy membership and cancel your user name for any reason, or no reason, with or without notifying you. In the event your membership is terminated or your user name is cancelled, BHLLC may, without notification, delete the Content Posted by you, and you will need to re-register for a membership and obtain a new user name to gain access to any registration based service of Bandhappy. BHLLC shall not be responsible for any losses, damages, claims and actions of any kind, either directly or indirectly related to or arising from the restriction, suspension, or termination of access to Bandhappy, cancellation of your user name, or the deletion of Content Posted by you.
XV. Proprietary Rights in Content
BHLLC owns and retains all proprietary rights in Bandhappy. The compilation of all Content on Bandhappy is the exclusive property of BHLLC (or its partners or Licensors). Except as otherwise provided in "User Content" below, all Content, including but not limited to text, software, music, sound, photographs, video, graphics, Java script code, and HTML code, presented to you on or through Bandhappy by BHLLC or BHLLC’s affiliates and advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by BHLLC, its affiliate or the advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without the express written permission from BHLLC, its affiliate or the advertiser. Content on Bandhappy is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BHLLC reserves all rights not expressly granted in and to Bandhappy and the Content.
As long as you are not in breach of any terms or conditions of this agreement, BHLLC grants you a revocable, nontransferable, non-exclusive right and license to access and use Bandhappy as set forth in these Terms of Service.
You may access User Content for your information and personal use solely as intended through the provided functionality of Bandhappy. You shall not copy or download any User Content unless you are provided the means to download that Content from BHLLC or the owner of the Content.
Other than using the Services as a Teacher, and as permitted under the terms and conditions of this Agreement or other written agreements with BHLLC, you may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a website or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services. You shall not use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the websites, Services, or any network or networks connected to the Services or security systems.
By Posting Content to Bandhappy, you warrant and represent that you own the rights to that Content or are otherwise authorized to Post, display, perform, transmit, or otherwise distribute and sublicense that Content. If you are a Bandhappy Teacher, you also warrant and represent that you have the right to exploit that content. You or the owner of the Content retain ownership of all right, title, and interest in Content that you Post, display, perform, transmit, or otherwise distribute on Bandhappy. However, you grant BHLLC a license to use and distribute the Content you Post on Bandhappy until a commercially reasonable time after you have deleted the Content. More specifically, by Posting, downloading, displaying, performing, transmitting, or otherwise distributing Content on Bandhappy, you are granting BHLLC, its, affiliates, and their subsidiaries, assigns, employees, agents and licensees the worldwide, royalty-free, sublicenseable and transferrable right to reproduce, display, distribute, adapt, prepare derivative works of, promote and perform that Content in any medium and through any media channel in connection with Bandhappy, and BHLLC’s (and it’s successors and affiliates) business as well as the right to use throughout the universe your professional name, likenesses, other identifications, and biographical material concerning you which you have Posted to Bandhappy, in connection with the advertising and promotion of Bandhappy and BHLLC. This includes, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content, and to publish, disclose and use your name in connection with your Content. You will not be compensated by BHLLC for any Content which you Post or for the use of your name or likeness used in accordance with the above. The above licenses granted by you terminate within a commercially reasonable time after you have deleted the Content.
By teaching lessons through Bandhappy, Teachers grant Students a license to view and use the Content for private use only. Students are forbidden to Post, distribute, resell, modify, and or otherwise perform and/or transmit the Teacher’s Content. This license is exclusive to the Student that has purchased the lesson from the Teacher only, is revocable, and may not be transferred at any time for any reason.
If a Student violates this license, the Teacher has the option to revoke the license and pursue legal action against the Student. Bandhappy will not take sides in any dispute, but may provide neutral information to one or both parties if requested. Requests must be in writing and sent to:
Attn: Teacher/Student Disputes
300 Redland Ct, Ste 212
Owings Mills, MD 21117
You are solely responsible for all Content Posted by you and all Content Posted under your user name, including, without limitation, photographs, audio files, video files, and live streaming video, as well as any communication with other members via the Bandhappy instant message service and Bandhappy internal email service. You may use Bandhappy for lawful purposes only. You may not Post or transmit, whether publicly or privately, any material that (a) is false, misleading, deceptive, deceitful, or constitutes "bait and switch"; (b) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content Posted; (c) contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful programs; (d) harasses, threatens, or abuses another person; (e) is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; (f) violates any applicable law restricting the export or import of data, software, or any other content, or encourages conduct that would constitute a criminal offense; (g) gives rise to civil liability; (h) advertises or otherwise solicits funds or is a solicitation for goods or services, other than that which is incidental to your use of the Teacher Services; (i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; or (j) otherwise violates any applicable local, state, national or foreign law or regulation.
Bandhappy is meant to be used for music, theory, songwriting, performance, production and subjects related to music such as (but not limited to) management, business, touring, etc. Students and Teachers must follow these basic guidelines:
In the event that you do not follow these basic guidelines, no refund will be made and we reserve the right to prevent you from taking lessons in the future.
User expressly and explicitly understands and agrees that online classes that may be offered from from Bandhappy are for personal enrichment use only and are non credit bearing.
You may use Bandhappy for lawful purposes only. The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems, and such use is strictly prohibited. You are also prohibited from violating or attempting to violate any security feature of Bandhappy, including, without limitation, (a) accessing Content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of Bandhappy or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus, overloading, "flooding", "spamming", "mail bombing", or "crashing"; (d) using Bandhappy to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging the TCP/IP packet header or any part of the header information in any email or in any Posting using Bandhappy; or (f) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by BHLLC in providing Bandhappy. Any violation of system or network security may subject you to civil and/or criminal liability. You also may not use Bandhappy to stalk or harass anyone, Post irrelevant Content or repeatedly Post the same or similar Content.
When using Bandhappy, you agree to obey the law and to respect the intellectual property rights of others. Your use of Bandhappy is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any infringement of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your user name. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
BHLLC reserves the right to terminate your use of Bandhappy at any time with or without cause and with or without notice to you. To ensure that BHLLC provides a high quality experience for you and for other users of Bandhappy, you agree that BHLLC may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of Bandhappy. BHLLC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but BHLLC reserves the right to terminate your account or your access to Bandhappy and to delete all Content Posted therein, with or without notice to you, and without liability to you, if BHLLC believes that you have violated any of the Terms of Service, furnished BHLLC with false or misleading information, or interfered with use of Bandhappy.
The Bandhappy service is intended for use by a general audience including children as young as 14 years of age. Sexually explicit Content is strictly prohibited on Bandhappy. The traffic data and personal information of Bandhappy Members who Post sexually explicit material may be reported to law enforcement authorities for prosecution under applicable criminal laws.
BHLLC fully complies with the Congressional mandate of 42 U.S.C. § 13032, which requires us to report to the National Center for Missing and Exploited Children, the facts and circumstances relating to sexually explicit Content and other criminal offenses involving children under the age of 18 which appears on Bandhappy. This includes, but is not limited to, the posting of sexually explicit material, (including without limitation, photos, videos, and live Webcasts) depicting children under the age of 18.
Other types of abuse and violations of our Terms of Service that may compromise the safety of our members, and which do not fall within the Congressional mandate of 42 U.S.C. § 13032 may be reported to local, national, or international law enforcement agencies in cooperation with the Virtual Global Taskforce.
BHLLC, in its sole discretion shall have the right (but not the duty) to monitor the Content Posted on Bandhappy including, without limitation, the Content of any communication that occurs on or through the Bandhappy instant message service and the Bandhappy internal email service. BHLLC reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others, but BHLLC is not responsible for any failure or delay in removing such Content.
BHLLC believes that all children deserve access to quality music education. We encourage parents to participate in their child’s musical training. BHLLC is concerned about the safety and privacy of all Bandhappy users, especially children. However, it is important to keep in mind that Bandhappy is intended for broad general use and users may find that some Content available on Bandhappy is offensive, indecent or objectionable. BHLLC cannot be held responsible for any Content Posted by Bandhappy users which may be offensive, indecent or objectionable. While BHLLC has established rules keeping children under the age of 14 from becoming a member of Bandhappy, it is easy for children to lie about their age and thus gain access to Content which may be inappropriate and unintended for them. It is up to parents to properly supervise their children’s on-line activities. Certain parental control protections are commercially available which can assist parents in supervising their children’s on-line activities such as computer hardware, software, and filtering services which can be used to block a child’s access to on-line services such as Bandhappy. You can find tools that will assist you in supervising your children’s on-line activities by clicking here.
BHLLC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on Bandhappy. BHLLC has adopted a policy that provides for the immediate suspension and/or termination of any Bandhappy user who is found to have infringed on the rights of BHLLC, or of a third party, or otherwise violated any intellectual property laws or regulations. BHLLC’s policy is to investigate any allegations brought to its attention. If you have any evidence, know, or have a good-faith belief that your rights have been violated and you want BHLLC to delete, edit, or disable the material in question, you must provide us with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material such as the URL or other specific location; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, or e-mail address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to BHLLC’s designated Agent for Notice of Claimed Infringement. BHLLC’s agent designated to receive notice of claims of copyright or other intellectual property infringement can be contacted as follows:
By mail to:
Attn: Copyright Agent
300 Redland Ct, Suite 212
Owings Mills, MD 21117
Or by email to: email@example.com
If you have been notified by BHLLC that your Content has been removed (or access to it was disabled) in response to a notification of infringement, and you believe that your Content is not infringing, or that you are using the Content in a manner authorized by the copyright owner, the copyright owner's agent, or pursuant to the law, you may send a counter-notice containing the following information to the Copyright Agent: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and e-mail address. If a counter-notice is received by the Copyright Agent, BHLLC may send a copy of the counter-notice to the original complaining party informing that person that BHLLC may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against you or BHLLC, the removed content may be replaced, or access to it restored, within a commercially reasonable time.
Our websites may provide links to the websites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by BHLLC of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. BHLLC is not responsible for examining or evaluating, and does not warrant or claim responsibility for in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their websites. You should carefully review their privacy statements and other conditions of use.
BHLLC has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any Content listed for sale on Bandhappy or any business transaction that occurs as a result of Content listed for sale on Bandhappy.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A TEACHER OR OTHER MERCHANT LISTED ON BANDHAPPY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE BHLLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
Information we receive about you
We receive a number of different types of information about you, including:
Your information is the information that's required when you sign up for the site, as well as the information you choose to share.
When you sign up for Bandhappy, you are required to provide your name, email address, birthday, instrument, skill level, and home country.
Your information also includes the information you choose to share on Bandhappy, such as when you post a status update, upload a photo, or make a notation on a purchased lesson post. It also includes the information you choose to share when you take an action, such as when you contact another Member, broadcast your Bandhappy profile information using social media widgets and tools, and participate in Bandhappy site wide blogs.
Your name, profile picture, instrument, genre, and skill level are treated just like information you choose to make public. Your birthday allows us to do things like verify that you eligible for consideration as a Teacher.
We receive information about you from other Members, such as when they schedule lessons with you, and/or rate your performance after a lesson. We may also receive information about you from applications and websites you use, but only when you have given them permission.
We also receive other types of information about you:
We also put together data from the information we already have about you and your Teachers.
For example, we may put together data about you to determine which Teachers we should show you in your lesson search or suggest upcoming master class events that may be of interest to you. We may put together your current city with GPS and other location information we have about you to, for example, tell you about Teachers or lesson events nearby, or offer deals to you that you might be interested in. We may also put together data about you to serve you ads that might be more relevant to you.
When we get your GPS location, we put it together with other location information we have about you (like your current city). But we only keep it until it is no longer useful to provide you services.
We only provide data to our advertising partners or customers after we have removed your name or any other personally identifying information from it, or have combined it with other people's data in a way that it is no longer associated with you. Similarly, when we receive data about you from our advertising partners or customers, we keep the data for 180 days. After that, we combine the data with other people's data in a way that it is no longer associated with you.
When we use the phrase "public information”, we mean the information you choose to make public, as well as information that is always publicly available.
Note that this applies to Teachers only; Student information is generally private and only revealed to those Teachers with whom lessons have been purchased from. The types of information listed below are always publicly available, and are treated just like information you decided to make public.
This helps potential Students find you. If you are uncomfortable sharing your real name, you should not use Bandhappy.
This helps potential Students recognize you. If you are uncomfortable making your profile picture public, you can opt not to upload a picture, but you may not attract as many Students.
This helps potential Students narrow their selection down to those Teachers that fit their needs. These pieces of information are critical for Teachers to build their base of Students.
How we use the information we receive
We use the information we receive about you in connection with the services and features we provide to you and other users like your Teachers, the advertisers that purchase ads on the site, and the developers that build the applications and websites you use. For example, we may use the information we receive about you:
Granting us this permission not only allows us to provide Bandhappy as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.
While you are allowing us to use the information we receive about you, you always own all of your information. Your trust is important to us, which is why we don't share information we receive about you with others unless we have:
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
Bandhappy does NOT store your credit card information. The only data that Bandhappy sees are that which is necessary to match your profile to the lesson and to verify that the payment has been completed – this can include name, transaction ID, and amount; but never the credit card number itself.
You must use your user name on a regular basis by logging into Bandhappy in order to keep your user name and membership active. BHLLC may, without notification, cancel your membership and user name and delete the Content Posted by any Member who has not used such user name for a period of one hundred eighty (180) days. If your user name is cancelled, you will need to re-register for a membership and obtain a new user name to gain access to any registration based service of Bandhappy.
BHLLC CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF OUR WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, BHLLC HEREBY DISCLAIMS ALL WARRANTIES. BHLLC IS MAKING BANDHAPPY AVAILABLE "AS IS," “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BHLLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, BANDHAPPY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH BANDHAPPY IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. BHLLC DOES NOT WARRANT THAT BANDHAPPY WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF BANDHAPPY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN BANDHAPPY WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BHLLC AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
BHLLC’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BHLLC, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE BANDHAPPY OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LessER OF (A) THE TOTAL Lesson Booking FEES YOU PAID TO US that are related TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU ARE SOLELY RESPONSIBLE FOR ANY DISPUTES BETWEEN YOU AND OTHER BANDHAPPY USERS INCLUDING WITHOUT LIMITATION, DISPUTES CONCERNING TRANSACTIONS WITH OTHER MEMBERS. Bhllc DOES NOT PERFORM BACKGROUND CHECKS ON tEACHERS, sTUDENTS, OR ANY OTHER USERS OF BANDHAPPY. BHLLC RESERVES THE RIGHT, BUT HAS NO OBLIGATION TO MONITOR OR RESOLVE DISPUTES BETWEEN BANDHAPPY USERS.
YOU WILL NOT HOLD BHLLC RESPONSIBLE FOR OTHER USERS' CONTENT, ACTIONS OR INACTIONS. YOU ACKNOWLEDGE THAT BHLLC IS AN INTERACTIVE multimedia communications SERVICE PROVIDER, PROVIDING THE BANDHAPPY SERVICE TO ITS USERS FOR THE PURPOSE OF COMMUNICATING WITH OTHER USERS, PUBLISHING USER CONTENT AND PROVIDING A VENUE WHICH CAN BE USED BY ANYONE TO OFFER, SELL, AND BUY USER CONTENT AT PRICES SET BY AND AGREED TO BY OTHERS, IN A VARIETY OF PRICING FORMATS. BHLLC IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS OF CONTENT. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF USER CONTENT ADVERTISED, THE TRUTH OR ACCURACY OF USER CONTENT, THE ABILITY OF SELLERS TO SELL CONTENT, THE ABILITY OF BUYERS TO PAY FOR CONTENT, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE BHLLC, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BHLLC, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY THIRD PARTY WITH RESPECT TO ANY TRANSACTION(S) YOU ARE INVOLVED IN WITH OTHER MEMBERS, DUE TO OR ARISING FROM YOUR ACCESS TO OR USE OF BANDHAPPY, YOUR VIOLATION OF THESE TERMS OF SERVICE, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR INFRINGEMENT BY YOU OR ANY OTHER USER OF YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
Bandhappy is controlled and operated by BHLLC from its offices in the State of Maryland. BHLLC makes no representation that Bandhappy is available or appropriate for use in other locations. Your use of or access to Bandhappy should not be construed as BHLLC purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Maryland. The validity, construction, interpretation and legal effect of this Agreement shall be governed by the laws of the State of Maryland without regard to its conflict of laws provisions. If there is any dispute about or involving Bandhappy and/or this Agreement, you agree to submit to the personal and exclusive jurisdiction of the courts located within Baltimore, Maryland.
The Bandhappy website is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise, the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website, Bandhappy, LLC makes no representation that the information, opinions, advice or other content on the Website (collectively the "Content") is appropriate or that its products and services are available in all jurisdictions. Those who choose to access this Website do so at their own risk and are responsible for compliance with applicable local laws.
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Bandhappy LLC confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Service or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held within Baltimore County, Maryland, USA. All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives and the arbitrator as proprietary business information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties of their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
No agency, partnership, joint venture, employee-employer, contractor-client or franchiser-franchisee relationship is intended or created by this Agreement.
BHLLC may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify Bandhappy, and (c) discontinue Bandhappy at any time. BHLLC shall Post any revision to this Agreement to Bandhappy.com, and the revision shall be effective immediately upon such Posting. You agree to review these Terms of Service and other online guidelines Posted on Bandhappy periodically to be aware of any revisions. You agree that, by continuing to use or access Bandhappy following the notice of any revision, you shall abide by any such revision. BHLLC shall not be liable for any damages or losses related to the modification, cancellation or termination of Bandhappy and/or this Agreement.
All contents of Bandhappy are: copyright © Bandhappy, LLC., 300 Redland Ct, Suite 212, Owings Mills, MD 21117. Nothing contained on Bandhappy should be understood as granting you a license to use any of the trademarks, servicemarks, or logos owned by BHLLC or by any other third party. Inaction or failure by BHLLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be held void, invalid or inoperative by a court of law or judicial authorities, no other provision of this Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, invalid or inoperative provision had not been contained herein. The section headings in this Agreement are solely for convenience and have no legal or contractual significance.
This Agreement was last modified September 25, 2012.