Terms and Conditions

Accepting these terms

By signing in to OurBand or using it, you accept these terms. If you do not agree with them, do not use OurBand.

Nothing in these terms affects your legal rights as a consumer.

The service

OurBand lets the members of a band share:

• songs (audio recordings in successive versions, and score files)
• a shared calendar (practices, gigs, studio sessions, tours and unavailabilities)
• artworks (images in successive versions)

Everything is organised per band and visible to all the members of that band. OurBand is free.

Who can use OurBand

To use OurBand, you must be old enough to hold a Google account, as you sign in with it.

Your account and its security

OurBand has no password of its own, and we never see your Google password. Anyone who can use your Google account can sign in to OurBand as you, so keep your Google account secure.

You stay signed in on a device for up to one year, until you sign out. Sign out of OurBand on any device you share with other people.

If you think that someone else has used your account, tell us straight away at guillaume.gouchon@gmail.com.

Your personal data

Our Privacy Policy explains which personal data we store, how we use it, who can see it and what your rights are.

Your content

Your content is everything you add to OurBand, such as audio recordings, score files, images, titles and event details.

You keep ownership of your content and all the rights you have in it. You give us a free, non-exclusive licence to store, copy, reformat and display your content, and to let our service providers do so for us, only as far as needed to run OurBand for the bands you share it with. This licence is worldwide, because our service providers may store data outside the UK.

The licence lasts for as long as your content is kept on OurBand, apart from copies that remain for a limited time in backups. As content shared with a band stays available to its members after you delete your account, the licence continues for that content.

We only use your content to run OurBand, and we never sell it. We do not check content before it is shared, but we may review content that is reported to us or that we have reason to believe breaks these terms.

You confirm that you own your content or have all the rights and permissions needed to upload it and share it with your band, for example from the other authors or performers of a song or from the owner of an image. You are legally responsible for your content.

Bands and members

Any member of a band can add a person to it with their email address. If the person already has an OurBand account, they join the band straight away. Otherwise, the address is kept as a pending invitation, and the person joins the band when they sign in to OurBand with Google using that address. We do not send any email, so let the person know yourself.

Any member of a band can cancel a pending invitation, remove a member from the band or leave the band. Any member can also delete what is shared in the band, including what other members shared, and deleted content is erased for good.

The members of a band see each other's name and email address, and the addresses of pending invitations. Everything shared in a band is visible to all its members, including people who join later, so only add people you are happy to share your band's content with.

Each band has a private calendar subscription link that its members can add to Google Calendar, Apple Calendar or Outlook. Anyone who has this link can see the band's events, except the members' unavailabilities, so do not share it outside the band. Any member can reset the link, for example after someone leaves the band: subscriptions to the old link then stop working.

Prohibited content and behaviour

You must not upload or share content that:

• is illegal, or encourages or helps anyone to break the law
• infringes anyone's rights, such as copyright, trade marks or privacy
• is defamatory, threatening, harassing, hateful or discriminatory
• is pornographic or obscene
• contains other people's personal data that you have no right to share
• contains viruses, malware or any other harmful code

When using OurBand, you must not:

• break the law or these terms
• harass, threaten, bully or impersonate anyone
• try to access an account, a band or data that is not yours
• disrupt, overload or damage OurBand, or try to get around its security
• access OurBand by automated means, such as bots or scrapers, except through a calendar app reading a calendar subscription link

Reporting content

If you think that content on OurBand is illegal or infringes your rights, for example your copyright, email us at guillaume.gouchon@gmail.com with:

• your name and contact details
• a description of the content and where to find it on OurBand, as precise as possible
• which of your rights, or which law, you think the content infringes, and why
• a statement that the information in your report is accurate to the best of your knowledge

We review every report as quickly as we reasonably can, and we remove the content, or block access to it, if we find that it is illegal or infringes someone's rights. We may tell the member who shared it why it was removed.

If your content has been removed and you think this is a mistake, email us and we will review our decision.

Removing content and suspending accounts

We may remove content, or suspend or close an account, if we reasonably believe that the content or the account holder breaks these terms or the law, if the law requires us to, or to protect OurBand, its users or other people.

Unless the law prevents it or it would put someone at risk, we will tell you what we did and why, and you can ask us by email to review our decision.

Availability of OurBand

OurBand is a free service, provided "as is" and "as available". As far as the law allows, we give no warranty about it. In particular, we do not guarantee that OurBand will always be available or free of errors, or that your content will never be lost.

OurBand is not a backup service: keep your own copies of any files that matter to you.

We may change OurBand, for example to improve it, fix problems, keep it secure or comply with the law, and features may be added, changed or removed. We may also suspend OurBand, for example for maintenance or for security reasons, or close it for good. Before closing it for good, we will try to give you reasonable notice.

Limitation of liability

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that the law does not allow us to exclude or limit, and nothing in them affects your legal rights as a consumer.

Subject to this, and because OurBand is provided free of charge, we are not liable for:

• any loss that is not a foreseeable result of our breaking these terms, or any indirect or consequential loss
• any loss or corruption of data or content, including the files you uploaded
• any loss of profit, income, business or opportunity
• any failure or delay caused by events outside our reasonable control, such as an outage of one of our service providers

A loss is foreseeable if it was obvious that it would happen, or if both you and we knew it might happen when you accepted these terms.

Ending your use of OurBand

You can stop using OurBand at any time. You can also delete your account from the settings: this removes you from all your bands and deletes your account, your own unavailability events, the activity records you generated and the pending invitations you created. The songs, versions, scores, artworks and events you shared with a band stay available to its other members.

When your account is deleted, the licence you gave us for the content that stays with your bands continues, and so do the sections of these terms on limitation of liability and on governing law and courts.

Changes to these terms

We may change these terms, for example to reflect changes to OurBand, to the law or to the way we run the service. The new version will be published on this page, with a new "Last updated" date, and if a change is significant, we will try to tell you in advance.

If you continue to use OurBand after a new version is published, you accept it. If you do not agree with it, you can stop using OurBand and delete your account.

Governing law and courts

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction over any dispute about them or about OurBand. If you live in Scotland, you can also bring proceedings in the Scottish courts, and if you live in Northern Ireland, in the courts of Northern Ireland.

If you live outside the UK, you also keep the protection given to you by the mandatory laws of the country where you live.

Other legal terms

Severability: if a court decides that any part of these terms is invalid or unenforceable, the rest of the terms continue to apply.

Entire agreement: these terms are the entire agreement between you and us about your use of OurBand, without affecting your legal rights as a consumer.

No waiver: if you or we do not insist straight away on a right under these terms, this does not prevent either of us from insisting on it later.

No third-party rights: only you and we can enforce these terms. Nobody else, including the other members of your bands, has any right to enforce them under the Contracts (Rights of Third Parties) Act 1999.

Contact

If you have a question about these terms or want to report a problem, contact us by email at guillaume.gouchon@gmail.com.