Effective Date: April 15th, 2011
Thank you for checking out the Bandcamp API! Before we launch into the soporific legalese, we ask you to please keep in mind that the spirit of the API is to drive traffic (and sales) back to the artist. To this end, we require, among other things, that you include prominent buy buttons (the kind your mom would notice) in your UI that link back to the artists' Bandcamp pages. We reserve the right to decide when an application is not in the spirit of the API. Other important requirements follow, but that's the gist -- let it guide your efforts, and we look forward to seeing what you produce!
The Terms apply to your use of www.bandcamp.com, including any successor sites, (the "Website") and any and all data, text, software, documents and other materials on the Website ("Content") associated with the application programming interface offered through the Website (the "API"). By registering as a developer, you or the entity or company that you represent ("Developer" or "You") are unconditionally agreeing to be bound by the following terms and conditions, including those available by hyperlink from within this document, and are becoming a party to this API Terms of Use Agreement (collectively, the "Terms"). Your continued use of the API shall also constitute assent to the Terms. If the terms set out herein are considered an offer, acceptance is expressly limited to these terms.
Your license to the Bandcamp API under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Bandcamp API. Bandcamp may terminate the license at any time for any reason. Your rights to use the Bandcamp API terminate automatically if (i) you violate any of these terms, (ii) Bandcamp publicly posts a written notice of termination on Bandcamp.com, (iii) Bandcamp sends a written notice of termination to you, or (iv) Bandcamp disables access to the Bandcamp API to you.
Subject to full compliance with the Terms, Bandcamp, Inc. ("Bandcamp") hereby grants You a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to access and use the API solely as necessary to create and run websites and applications (collectively, "Applications") that meet all the requirements and conditions set forth in the Terms.
You shall:
You shall not:
While a custom player on your own site that links to your Bandcamp-powered site for sales is of course allowed and encouraged, most commercial use of the Bandcamp API is prohibited. Examples of prohibited commercial use include:
If you are unsure of whether your intended usage constitutes commercial use, please ask us.
Bandcamp, and other Bandcamp graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Bandcamp in the U.S. and/or other countries ("Bandcamp's Trademarks"). Subject to full compliance with the Terms, Bandcamp hereby grants You a limited, personal, non-sublicenseable, non-transferable, nonexclusive, revocable license to use Bandcamp's Trademarks in Your Application.
"The term 'Bandcamp' is a trademark of Bandcamp, Inc. This application uses the Bandcamp API but is not endorsed or certified by Bandcamp, Inc."
Without limiting the foregoing, Bandcamp will have the right to do quality insurance inspections of the Applications and withhold the right to use Bandcamp's Trademarks if the quality is not satisfactory to Bandcamp in its sole discretion.
You expressly agree that Bandcamp and its affiliates have no responsibility or control over the Content that You, or other Bandcamp Members, upload, post or otherwise transmit via the Website and/or the API (including, without limitation, any Content submitted to any forum) or modifications You may make to the Content or Member Content. You agree that Bandcamp and its affiliates may or may not (as determined in its sole discretion, and without an obligation to do so) review the Member Content before You upload, modify, post or otherwise transmit such Member Content. Bandcamp makes no representation that Your use of the Website, the Content, or the API will comply with applicable laws or that they were designed to comply with applicable laws. Additionally, Bandcamp and its affiliates do not represent, warrant or guarantee the truthfulness, accuracy, quality or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via the Website. Bandcamp and its affiliates do not endorse any opinions expressed in or through any such Content. You agree that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content. Except where expressly stated to the contrary, Bandcamp possesses the immediate right, but not the obligation, to edit or remove any Content from the Website at any time and/or terminate Your ability to access the Website and/or the API without notice, at its sole discretion. You further acknowledge and agree that Bandcamp may have something similar to Your feedback or Application already under consideration or in development now or in the future.
Bandcamp reserves the right at any time in its sole discretion without liability to You or any third party to modify, amend, restrict, suspend, deny or terminate Your access or the access of all users to the Website, the API, or any of the Website's Content or services. Termination of a license to use the Website and/or the API does not constitute termination of these Terms.
Bandcamp may amend these Terms, including, without limitation, the agreements and policies incorporated herein by reference, at any time. When Bandcamp changes any such agreement or policy in a material way a notice will be posted within the agreement or policy, and when any change is made in any such agreement or policy, the updated agreement or policy, as applicable, will be posted at the applicable link above or a successor link. You understand and agree that if You use the API or the Website or any of the services offered in connection therewith after the date on which any of the foregoing terms have changed, Bandcamp will treat Your use as acceptance of the updated terms.
The Website, including without limitation all Content and all intellectual property rights in and to the same, is owned by or licensed to Bandcamp, its affiliates, or our third-party content providers. You must not modify, decompile, or reverse engineer any software (including, without limitation, the API) that Bandcamp or its affiliates disclose to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership. Subject to the following paragraph, You acknowledge and agree that no right, title or interest in any Content is transferred to You as a result of Your use of such Content, the Website, the API or any services provided or otherwise made available via the Website.
Bandcamp and its affiliates do not claim ownership of the Member Content and shall have no obligation of any kind with respect to such Member Content, in each case except to the extent expressly assumed under written agreement. You may not do or allow anyone else to do anything with the Content which is not specifically permitted under the Terms.
As between You and Bandcamp, You are also solely responsible for all aspects of Your Application.
The API is the only supported method for users to access data programmatically from Bandcamp. The Bandcamp Website, including Content and applications is published solely for direct access by human users. 'Spiders', 'crawlers', 'bots' and all other automated software or hardware devices designed to access and 'read' or otherwise analyze the Website independently are prohibited unless are expressly so authorized by Bandcamp. For example, you agree not to:
Bandcamp reserves the right to charge fees for future use of or access to the Bandcamp API.
Bandcamp, Bandcamp's affiliates, and their respective officers, directors, employees, agents and representatives and Bandcamp's suppliers and service providers, provide the Website, API, Content and any Services associated with any of the foregoing "as is" and without any warranty or condition of any kind, whether express, implied or statutory. To the maximum extent permitted by applicable law, Bandcamp, on behalf of itself and its affiliates, and their respective officers, directors, employees, agents and representatives and Bandcamp's suppliers and service providers, specifically disclaim all warranties of any kind with respect to the Website, API, content and any services associated with any of the foregoing, including without limitation any warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Bandcamp shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. This disclaimer of warranty constitutes an essential part of this agreement.
In no event shall Bandcamp, (as applicable) Bandcamp's affiliates, or any of their respective officers, directors, employees, agents or representatives, or Bandcamp's suppliers and service providers, be liable for any indirect, exemplary, special, consequential, punitive and/or incidental damages arising out of or relating to (a) the conduct of you or anyone else in connection with the use of the API, Website, Bandcamp’s services, or (b) the Terms, whether arising under contract, tort, negligence, strict liability or any other legal theory, including without limitation, lost profits, lost data or loss of opportunity or goodwill, or cost of replacement services, even if such party is aware of the possibility of such damages.
Bandcamp's maximum aggregate liability, and (as applicable) the liability of Bandcamp's affiliates, and their respective officers, directors, employees, agents and representatives and Bandcamp’s suppliers and service providers, to you or any third parties claiming under or through you in any circumstance arising under or related to this agreement is limited to the greater of (a) the amount of fees you pay to Bandcamp pursuant to this API Terms of Use agreement in the 12 months prior to the action giving rise to liability, and (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The foregoing limitations of liability will not apply to damages for bodily injury that, under applicable law, cannot be so limited.
You agree to indemnify and hold Bandcamp and (as applicable) Bandcamp's affiliates, and each of their respective officers, directors, agents, representatives and employees, and Bandcamp’s suppliers and service providers, harmless from any claims, liabilities, damages, losses, costs, expenses and demands, including, without limitation, reasonable attorneys' fees, arising from or related to any claims, actions, suits, or proceedings made or brought by any third party due to or arising out of your breach of the terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Bandcamp’s Privacy Policy is found here, the terms of which are hereby incorporated into the Terms by this reference.
Bandcamp’s Intellectual Property Policy is found here, the terms of which are hereby incorporated into the Terms by this reference.
Bandcamp may elect to provide you with support or modifications for the Bandcamp APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Bandcamp may change, suspend, or discontinue any aspect of the Bandcamp APIs at any time, including the availability of any Bandcamp APIs. Bandcamp may also impose limits on certain features and services or restrict your access to parts or all of the Bandcamp APIs or the Bandcamp Web site without notice or liability.
Equitable Relief. You agree that any breach of the Terms will result in irreparable harm to Bandcamp or its affiliates for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Bandcamp or its affiliates will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs or is threatened. You waive any requirement for the posting of a bond or other security if Bandcamp or its affiliates seek such an injunction.
No Agency. You acknowledge and agree that the relationship between You and Bandcamp and its affiliates (if applicable) is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between Bandcamp or any of its affiliates with You.
Waiver. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. Any waiver of the Terms must be in writing and signed by the party against whom enforcement of the waiver is sought. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiary to this agreement.
Choice of Law. The Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
Entire Agreement. The Terms constitute the entire agreement between You and Bandcamp relating to their subject matter, and cancel and supersede any prior versions of the Terms as well as all prior agreements (whether oral, written or otherwise) and representations between You and Bandcamp. No modification to the Terms will be binding, unless in writing and signed by an authorized Bandcamp representative. You may not assign, sublicense, delegate or otherwise transfer the Terms or any right granted hereunder, in whole or in part, whether voluntarily or by operation of law, and any attempt to do any of the foregoing in violation of this provision will be null and void. Bandcamp expressly reserves the right to assign the Terms and to delegate any of its obligations hereunder. The Terms are binding on and inure to the benefit of each party hereto and their heirs, successors and permitted assigns.
