Indemnification

This policy is part of the BandInPlay Terms of Use and explains your responsibility to cover certain claims that arise from how you use the Service.

1. Your agreement to indemnify

You agree to defend, indemnify, and hold harmless BandInPlay, its operators, owners, employees, and agents (the “Indemnified Parties”) from and against any claims, demands, actions, liabilities, damages, losses, and expenses — including reasonable attorneys’ fees and costs — arising out of or related to:

• Your use of the Service or your account;
• Your Content, and any information you submit, including third-party personal information you add (such as venue or purchaser contacts);
• The messages you send through the Service and your compliance — or failure to comply — with anti-spam, telemarketing, and other communications laws;
• The performance agreements, terms, or other documents you create, send, or execute using the Service, and any dispute between you and a purchaser, venue, member, or other party;
• Your violation of these Terms or of any law or regulation;
• Your infringement or misappropriation of any third party’s rights, including intellectual property or privacy rights.

2. Agreements and documents are yours

BandInPlay provides tools to create and send documents such as performance agreements. We are not a party to those agreements, do not provide legal advice, and make no representation that any template or generated document is suitable, complete, or enforceable for your situation. You are solely responsible for the documents you produce and the obligations they create.

3. Communications you send

You are solely responsible for the recipients you select and the content you send through the Service. You agree to indemnify the Indemnified Parties for any claim arising from messages sent from your account, including claims that a message was unsolicited, unlawful, or sent without proper consent.

4. Process

We will notify you of any claim subject to indemnification and may, at our option, participate in the defense with counsel of our choosing. You may not settle any claim in a way that imposes an obligation or admission on an Indemnified Party without that party’s prior written consent. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate.

5. Survival

Your obligations under this policy survive the termination of your account and your use of the Service.

6. Relationship to the Terms

This policy supplements, and does not limit, the disclaimers and limitation-of-liability provisions in the Terms of Use. If there is a conflict, the Terms of Use control.

7. Contact

Questions about this policy? Contact us at [email protected].