Requiring code to download free album bandcamp?

Effective Date: November 17, 2017

Welcome to the non-legally-binding introductory paragraph to our Terms of Use! We recognize that the following document is the literary equivalent of 20 milligrams of Ambien, but it really and truly is required that you read and agree to it before using Bandcamp. We've done our best to make it all go down smooth – you won't find any 8-point type, or long sections of TOTALLY UNREADABLE ALL-CAPS intended to fulfill the legal definition of "conspicuous" (we're pretty sure Your Honor will accept yellow, bold text instead). Still, what follows is plenty involved, so we thought we'd kick things off by answering the top three things a visitor to this page might be wondering:

For artists:

1. Am I signing over the rights to my music, home and firstborn? No. The only rights we take are the obvious ones we need to run the service. For example, the right to host the music you upload, stream and sell it on your behalf, display whatever lyrics and artwork you put on the site, and so on. The full details are here.
2. What can I upload? Are covers OK? You must own or control all rights to everything you upload. That means covers are out, unless you have a written license or authorization from the artist to upload the cover to Bandcamp and grant us the rights in the terms below. Do not upload cover songs unless you have obtained all permissions and authorizations in writing! These requirements apply regardless of whether you're selling the music or giving it away. The full details are here.
3. How much does Bandcamp cost? Please see our pricing page, and the fees section below.

For fans:

1. Is my personal information going to be re-sold to some random third-party advertiser? No, we only use personal information for the purposes of improving Bandcamp and our users experience on Bandcamp. In addition to our limited use, the artists you support or follow will have access to your personal information in certain cases. Please see our privacy policy for the full details.
2. When I buy something on Bandcamp, is the artist I’m trying to support receiving just a fraction of a fraction of what I pay? No, Bandcamp only makes money when artists make a lot more money, and we like to keep our interests aligned with the artists we serve. In general, artists receive 80-85% of every dollar a fan spends. You can find out more by reading our Fair Trade Music Policy here and the fees section below.

OK, on to the legally binding portion!

Please read these Terms of Use ("Agreement" or "Terms of Use") carefully before using the services offered by Bandcamp, Inc. ("Company," “we,” “us,” or “our”). This agreement sets forth the legally binding terms and conditions for your use of the Website at www.bandcamp.com (the "Site") and the service owned and operated by company, including any mobile software applications offered or published by Company (collectively with the Site, the "Service"). By using the Site or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by these Terms of Use. These Terms of Use apply to all users of the Site or Service, including users who are also contributors of content, information, and other materials or services on the Site.

Acceptance of Terms.

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), which Terms of Use also incorporate the Privacy Policy available at www.bandcamp.com/privacy.html, the Copyright Policy available at www.bandcamp.com/copyright.html, and all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated by reference into these Terms of Use and each of which may be updated by Company from time to time without prior notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

If you are using or opening an account on behalf of a company, entity or organization (including, but not limited to, a recording label) (each an “Artist Entity”), then you represent and warrant that you: (i) are an authorized representative of that Artist Entity and any recording artists represented by such Artist Entity (a “Represented Artist”) with the authority to bind such Artist Entity or Represented Artist to these Terms of Use and (ii) agree to be bound by these Terms of Use on behalf of such Artist Entity and/or Represented Artist.

The Service is available only to individuals who are at least 16 years old. You represent and warrant that if you are an individual, then you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use.

Company reserves the right, at its sole discretion, to modify or replace any of the terms in these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an e-mail. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Notwithstanding the preceding sentences of this section, no modifications to these Terms of Use will apply to any dispute between you and Company that arose prior to the date of such modification.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. The Service (including, without limitation, any Content) is provided only for your own personal, non-commercial use (except with respect to individual recording artists, collections of recording artists,Artist Entities or Represented Artists (each, an “Artist”) selling Music, Merchandise or other Content (each as defined below) as authorized through the Service). You are responsible for all of your activity in connection with the Service. For purposes of these Terms of Use, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
• involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• exploits people in a sexual or violent manner;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
• impersonates any person or entity, including any employee or representative of Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Company has no obligation to monitor the Site, Service, Content, or User Submissions. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity or Content to law enforcement authorities.

Fan Personal Information – Fans.

As a condition to using certain features of the Service (including, without limitation, the free download feature, or making a purchase from Company or an Artist), you may be required to provide certain personal information to Company or relevant Artists, such as your e-mail address, country of residence and zip/postal code ("Fan Information").

You may register with the Company as a fan and create a user account (“Fan Account”), which will allow you to access certain features of the Service that are only available through Fan Accounts, such as a wishlist, a fan profile page that lists your history of purchases of Music along with information that you choose to share about yourself, and the ability to follow other fans or Artists . Following an Artist or purchasing a subscription to an Artist (an “Artist Subscription”) gives that Artist access to your email address, as does making a purchase from an Artist while logged in to your Fan Account. Your wishlist, history of purchases of Music, and any information you provide for your profile page will be available to other users of the Service by default, subject to our Privacy Policy.

As a condition to each such Artist’s right to receive such Fan Information, Company requires each Artist to agree to the terms set forth in the next section of this Agreement. However, you acknowledge that Company has no control over the use of the Fan Information by the Artists, and you further acknowledge and agree that Bandcamp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Artists’ use of such Fan Information.

Fan Personal Information - Artists.

In connection with certain features of the Service, including by requiring that fans provide you with their e-mail addresses and other personal information in order to access the free download option, you may collect certain types of Fan Information. As a condition to receiving such Fan Information, you acknowledge and agree that you will not disclose, rent, or sell any Fan Information to any third party, and you will use the Fan Information only in connection with the Artist’s mailing list or Artist Subscription, in order to provide fans with general information and news about the Artist, such as upcoming shows, new Music or other Content delivered in connection with your Artist Subscription. You further agree that any e-mail or other communication sent to the Artist’s mailing list or sent in connection with the Artist Subscription will comply with e-mail marketing laws and include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e. a functioning "opt-out" mechanism). You will promptly implement a recipient’s request to opt-out of receiving e-mails from you and will not send any further e-mails to such opting-out recipient.

Registration.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Company and select a password and screen name (“User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Fees and Payments – General

Bandcamp facilitates payments for purchases of Content including digital Content made available via download and streaming through the Service (“Digital Content”), physical merchandise (“Merchandise”) and Artist Subscriptions. Each such purchase is a “Transaction,” each Transaction involving Digital Content is a “Digital Transaction,”, and each Transaction involving Merchandise is a “Merchandise Transaction.” Transactions may be made using Standard Payments or Enhanced Payments, which are detailed here.

Fees and Payments – Fans.

You may purchase products and/or services from an Artist through the Site, including, without limitation, purchases of Content including Digital Content, Merchandise, and Artist Subscriptions.

All inquiries regarding Merchandise Transactions will be directed to the relevant Artist. Company is not responsible for refunds for Merchandise, except as provided in this Agreement.

All sales of Digital Content are final (except where prohibited by law), unless otherwise determined by Bandcamp. If you do not receive the Digital Content or otherwise have an issue with the Digital Content delivered, please contact Bandcamp with your request and proof of payment, and we will notify the relevant Artist and work with them to resolve your issue. At Bandcamp’s sole discretion, you may be credited or refunded for the Digital Content. However, you understand and agree that Bandcamp is a platform that Artists use to sell their products, and the Digital Content is derived from files provided by the relevant Artist, and the relevant Artist is solely responsible for such files.

Your total price for Digital Content will include the price of the product plus any applicable sales tax; such sales tax is based on your location and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states or countries where digital goods are taxable.

If you purchase an Artist Subscription, your payment for such Artist Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Artist Subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period.

Content you purchase in a Transaction cannot be guaranteed to be available to you perpetually. For example, if we receive a notification of claimed infringement from a copyright owner or its agent with respect to specific Content, then U.S. law may require us to remove that Content from the Service and not make it available for future sale and we may also have to deny continued access to anyone who previously purchased such Content. This means that you may lose access to purchased Content previously available to you through the Service.

If we are required by law to deny access through the Service to previously purchased Content, including by removing access to Content from a user’s personal collection through any mobile application, then Company and Artists will not provide the user who purchased that Content with a refund, except as required by applicable law. Users bear all risk from the denial of access to any Content purchased through the Service.

Because there is a possibility that we may be required to deny you access to previously purchased Content, we encourage you to promptly download any Content you purchase through the Site to your own devices so that you will retain control and possession of such Content even if we are required to remove the Content from the Service.

You warrant that if you enter into a Transaction, then you shall be able to make full and immediate payment for the requested products or services.

Fees and Payments – Artists.