Terms of Use
These Terms of Use apply to everyone who accesses Band in Tour, whether as a visitor browsing the map or as a registered user publishing events. Please read them carefully. They constitute a legally binding agreement between you and Band in Tour, governed by Italian law and the mandatory consumer-protection rules of your country of residence within the European Union.
Article 1. Introduction
Band in Tour ("we", "us", "our") is operated by IOCOS di G.C. (P.IVA 02758080804), Via F. Baracca traversa De Salvo 15, 89123 Reggio Calabria, Italy, and developed under the Sunakoma project. The platform is available at bandintour.com (the "Platform"), a live music discovery and networking tool for bands, venues, promoters and the general public.
By accessing or using the Platform in any capacity, you confirm that you have read, understood and agreed to these Terms of Use. If you do not agree, do not use the Platform.
These Terms may be updated to reflect changes in our services or applicable law. Registered users will be notified by email of material changes. Continued use of the Platform after the effective date of any update constitutes acceptance of the revised Terms. Material changes that adversely affect your rights as a paying consumer will not apply retroactively to subscriptions already purchased.
Article 2. Definitions
- Agreement: these Terms of Use together with our Privacy Policy and Cookie Policy.
- Platform: the Band in Tour website, including all pages, features and services available at bandintour.com.
- Services: all functionalities made available through the Platform, as described in Article 5.
- User: any natural person accessing the Platform, whether as a visitor or as a registered account holder.
- Visitor: a User who browses the Platform without a registered account.
- Registered User: a User who has created and maintains an account on the Platform (band, venue or promoter).
- Consumer: a Registered User acting outside their trade, business, craft or profession, within the meaning of Art. 3 of Directive 2011/83/EU and Art. 3 of the Italian Consumer Code (D.lgs. 206/2005).
- Profile: the dedicated account and public page of a Registered User on the Platform.
- Content: any material published or made available by a User on the Platform, including event details, profile information, photos, descriptions, links and other media.
- Membership: a paid subscription that unlocks extended features for Registered Users, as described in Article 9.
- Member: a Registered User whose Membership is active. Having an account does not by itself make a Registered User a Member.
- Boost: a paid feature that increases the visibility of a specific event in the Platform's ranking, as described in Article 9.
- GDPR: Regulation (EU) 2016/679.
- DSA: Regulation (EU) 2022/2065 (Digital Services Act).
Article 3. Who Can Use the Platform
The Platform is designed for:
- Visitors: anyone who browses the map and event listings. No account is required to discover events.
- Bands and solo artists: register to publish their live events, manage their public profile and connect with venues and promoters.
- Venues and live music spaces: register to display their location and calendar, and to be discovered by bands and promoters.
- Promoters: register to publish and manage events, and to be discovered by bands and venues.
You must be at least 16 years old to create an account. This is a voluntary choice on our part, more restrictive than the minimum age set by Italian law (which, under D.lgs. 101/2018 implementing Article 8 GDPR, is 14 for consent to information-society services); we are not directing the Platform at minors. If we become aware that a person below this age has registered, we will delete the account without notice.
You confirm that the information you provide at registration is accurate and that you are authorised to act on behalf of any band, company or organisation you represent.
Article 4. Accessing the Platform
By accessing the Platform, all Users confirm that they:
- Have read and agreed to these Terms.
- Will not access the Platform fraudulently or in a manner intended to disrupt, damage or interfere with its operation.
- Will not introduce viruses, malware, Trojan horses, worms, logic bombs or any other harmful code.
- Will not attempt to gain unauthorised access to any part of the Platform, its servers, or any system connected to it.
We reserve the right to restrict, suspend or terminate access to the Platform at any time, including for maintenance, security reasons or violations of these Terms, in a manner proportionate to the underlying ground and consistent with Article 10 below and Article 10bis.
Article 5. Description of Services
5.1 For Visitors
- Browse the live event map by date and location.
- View public profiles of bands, venues and promoters.
- Access static information pages about the platform.
Visitors do not create accounts and do not submit personal data beyond what is collected automatically through technical cookies and server logs (see our Privacy Policy).
5.2 For Registered Users (bands, venues, promoters)
- Create and manage a public profile (alias, bio, city, genre, social links, avatar).
- Publish, edit and delete live music events on the map (subject to admin moderation under Article 10bis).
- Be linked to events as a band, venue or promoter, contributing to the event's visibility in the ranking algorithm described in Article 5.4.
- Set available dates on your calendar, visible to other Registered Users in the Live Music Club. Publication of availability dates on the Live Music Club Agenda is reserved to Members.
- Support events published by other users (public vote of confidence).
- Report abusive Content or Profiles through the dedicated report button.
- Purchase Event Boosts (when payments are activated; see Article 9).
- Upgrade to Membership for extended features (when payments are activated; see Article 9).
5.3 Newsletter and recommendations
Registered Users may opt in to a recommendations newsletter (up to one email every two weeks) and receive admin-composed newsletters. Both can be disabled at any time from Profile > Settings or via the unsubscribe link in any email, as detailed in Article 18.
5.4 Ranking transparency
In accordance with Article 27 DSA, the main parameters used by our ranking algorithm are public and disclosed within the Platform. They include: number of linked profiles on an event, number of support votes received, recent activity, applicable Boost tier (when active) and the crowdfunding badge. We do not use opaque criteria. The relative weighting may be adjusted over time to improve user experience and combat manipulation; changes are documented on the Platform.
Article 6. Registration and Account Security
To register, you must provide a valid email address, a unique public alias and a password. You are responsible for:
- Maintaining the confidentiality of your login credentials. Do not share your password with anyone.
- All activity that occurs under your account, except where you have promptly reported unauthorised access.
- Notifying us immediately at support@bandintour.com if you suspect unauthorised access to your account.
- Keeping your profile information accurate and up to date.
You may only hold one account per person or organisation. Creating multiple accounts to circumvent a suspension or ban is prohibited.
Article 7. Code of Conduct
You are solely responsible for your conduct on the Platform. The following are expressly prohibited:
- Publishing false, fictitious or misleading events, profiles or information.
- Publishing events you have no direct involvement in, unless acting as an authorised promoter.
- Impersonating any person, band, organisation or entity.
- Posting Content that is unlawful, defamatory, discriminatory, hateful, obscene, violent or that violates the rights of any third party.
- Publishing third-party copyrighted material (photos, logos, recordings) without authorisation.
- Using the Platform to solicit personal data, send spam or conduct phishing.
- Using automated tools, bots, scrapers or crawlers to access, collect or index data from the Platform without our written consent.
- Reverse engineering, decompiling or disassembling any part of the Platform, except where such acts are mandatorily permitted by Directive (EU) 2009/24/EC or national equivalents.
- Interfering with or disrupting the Platform's infrastructure, servers or other users' access.
- Using the Platform or any data obtained from it to train artificial intelligence or machine learning models without our explicit written consent. Where applicable, we expressly reserve our rights under Art. 4(3) of Directive (EU) 2019/790 (text-and-data mining opt-out).
- Using the Platform for commercial purposes unrelated to live music (advertising, pyramid schemes, data harvesting, etc.).
We are not subject to a general monitoring obligation under Article 8 DSA, but we operate a notice-and-action mechanism and reserve the right to act on any reported violation, including removing Content and suspending accounts, as described in Article 10bis.
Article 8. Content and Intellectual Property
8.1 Platform intellectual property
The Band in Tour name, logo, design, code, database structure, ranking algorithm and all related materials ("Platform IP") are the exclusive intellectual property of IOCOS di G.C. or of their respective rights holders, and are protected by applicable intellectual property law. You may not reproduce, modify, distribute or exploit any Platform IP without our prior written consent.
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for its intended purpose and in accordance with these Terms.
8.2 Your content
You retain ownership of the Content you publish on the Platform (event descriptions, photos and flyer images, profile biography, social and external links, and any other material you submit). By publishing Content, you grant Band in Tour a worldwide, royalty-free, non-exclusive licence to host, display, reproduce, adapt for technical formatting and distribute that Content on the Platform and in connection with its promotion, for as long as the Content remains published and for a reasonable period thereafter strictly necessary to operate backups and comply with legal obligations.
You represent and warrant that:
- You own or have all necessary rights and authorisations for the Content you publish.
- Your Content does not infringe any third party's intellectual property, privacy or other rights.
- Your Content does not violate any applicable law or these Terms.
Responsibility for the accuracy, legality and substance of all such Content, including but not limited to flyer images, biographical text, and links to social media or external websites, rests entirely with the publishing user. Band in Tour acts solely as a hosting provider for this Content, is not a party to and does not verify or endorse its substance, and remains extraneous to any underlying facts it describes. This does not affect our right, set out in Article 10 and Article 10bis, to mitigate (including by restricting the visibility of, or blurring) or permanently remove Content that we determine, at our reasonable discretion or following a notice, to be unlawful or in breach of these Terms.
You agree to indemnify Band in Tour against any claim brought by a third party arising from a breach of the above warranties, subject to the limits set out in Article 14.
Where your Content forms part of an event, in particular one that also involves other entities (an act, a venue or a promoter), closing your account does not withdraw it from publication: the event remains online and only the link to your profile is removed. Article 11 explains why, and how to request the removal of a specific event.
8.3 Content visible to other users
Information published on your public Profile (name, alias, city, bio, genre, social links, event history) is visible to all visitors and registered users. Availability dates are visible to registered users; the Live Music Club Agenda is restricted to Members. Support actions are publicly counted. You are responsible for what you choose to make public.
8.4 Intellectual property claims
If you believe that Content published on the Platform infringes your intellectual property rights, contact us at legal@bandintour.com with a precise identification of the infringing material, your contact details, the legal grounds for your claim and a good-faith statement that the use is unauthorised. We will investigate and act in accordance with Articles 16 and 17 DSA.
8.5 Ghost Profiles
Some profiles on the Platform ("Ghost Profiles") are created by Band in Tour itself, not by the act, venue or promoter they represent, using publicly available information about entities already active in the live music sector, for example a band's own public social media page or a publicly listed event lineup. Unlike the Content described in Article 8.2, Ghost Profile content is not published by a Registered User: Band in Tour compiles it directly, in good faith, from public sources, and keeps it deliberately minimal (name, city, a short bio drawn from public information and, where available, a logo or other non-representative image). How this data is sourced and the applicable legal basis are described in Section 4.9 of our Privacy Policy.
The name and, where applicable, logo of the represented act, venue or promoter are used solely to identify the listing, consistent with the nominative and descriptive use of a third party's distinctive sign permitted under Art. 21(1) of the Italian Industrial Property Code (Legislative Decree No. 30/2005). The indicative image is, as a rule, a logo or similar non-representative graphic, not a photograph of an identifiable individual. Where a photograph depicting an identifiable individual is used instead, this only happens when the entity has confirmed its use (for example by claiming the profile, or through direct contact) or when the image is explicitly distributed by the entity itself as press or promotional material intended for this kind of reuse; outside these cases, using such a photograph would require the individual's consent under Art. 96 of Law No. 633/1941, and Band in Tour does not do so. This does not replace the individual's rights under data protection law or personality rights (Art. 10 of the Italian Civil Code and Art. 96-97 of Law No. 633/1941): they may object to this use or request removal at any time through the channels below, without needing to state a reason.
Copyright in the logo as a graphic work. Trade mark law and copyright are two separate regimes, and permission under one is not permission under the other: a logo can be, at the same time, a distinctive sign protected as a trade mark and a work of authorship protected under Art. 2 no. 4 of Law No. 633/1941, which covers works of sculpture, painting, drawing, engraving and similar figurative arts. The nominative and descriptive use permitted by Art. 21(1) of the Industrial Property Code therefore settles the trade mark question but grants no licence over the author's copyright in the graphic work itself. For that second aspect we rely on Art. 70(1) of Law No. 633/1941, which makes the reproduction of parts of a work free where it serves purposes of criticism or discussion, within the limits justified by those purposes and provided it does not compete with the economic exploitation of the work. Our use is designed to stay inside those limits: the image is shown once, at listing size, purely so a reader can recognise which act, venue or promoter the entry refers to, never as decoration, never as merchandise, never on any product or promotional material of our own, and never in a way that substitutes for a licensed use of the logo. In line with Art. 70(3), where the source profile or file indicates the author of the graphic work, we reproduce that indication. If the rights holder in the graphic work considers that our use exceeds Art. 70, the procedure in Article 8.4 applies and the image is removed.
The photographer's own rights in press and promotional photographs. Where a photograph is used because the entity itself distributes it as press or promotional material, the consent of the person depicted is only half of the analysis. The photographer is a third party, distinct both from the person portrayed and from the act, venue or promoter that circulated the image, and has rights of their own: under Art. 87 of Law No. 633/1941 a straightforward press photograph is a "simple photograph", and Art. 88(1) reserves to the photographer the exclusive right to reproduce, distribute and market it, for twenty years from the production of the photograph under Art. 92(1). A press kit released by the subject of the picture does not, by itself, transfer or extinguish those rights. We are aware that Art. 90(2) provides that, where an image does not carry the indications listed in Art. 90(1) (the photographer's name, the year of production and, for a photograph of an artwork, the name of the artist), its reproduction is not treated as unlawful and no compensation is due unless the photographer proves bad faith on the part of the reproducer; we do not use that provision as a shelter. Where those indications are present on the image or its source page, we keep them. Where a photographer objects to the use of their photograph on a Ghost Profile, the intellectual property claims procedure in Article 8.4 applies to them in full, exactly as it does to any other rights holder: write to legal@bandintour.com identifying the image, and it is removed. No proof of registration or formal ownership documentation is required for us to take the image down.
No Ghost Profiles of minors. Band in Tour does not create a Ghost Profile of a person who appears to be under 18, or of an act any of whose members appears to be under 18. If it emerges that an existing Ghost Profile concerns a minor, we remove it immediately upon notice from anyone, at privacy@bandintour.com, without requiring the person giving notice to prove the minor's age, their identity or their relationship to the minor. Where a Ghost Profile is otherwise permitted, its image is always and only a logo or the name, and never a photograph capable of making a minor identifiable; the cases described above in which a photograph may be used do not apply where a minor could be depicted. This rule reflects the balancing required by Art. 6(1)(f) GDPR, which expressly identifies the case where the data subject is a child as one in which the interests of the person concerned weigh more heavily, and it is set out, together with the rest of our data protection position on Ghost Profiles, in Section 4.9 of our Privacy Policy.
Having a Ghost Profile does not make the represented act, venue or promoter a Registered User, and does not by itself constitute their acceptance of these Terms.
If a Ghost Profile represents you, your act, your venue or your promotion business, you may:
- Claim it, using a one-time invite code, which converts it into a Registered User account under your full ownership and control. From that point, Article 8.2 applies to any Content you subsequently publish or retain. The invite code is not displayed on the profile: Band in Tour issues it individually through a direct and verified contact channel, typically a private message to a social account already linked to that profile, or by email, and you may request it through the contact channels indicated below; or
- Request its removal at any time, without claiming it and without needing to state a reason, by contacting privacy@bandintour.com or legal@bandintour.com. We process such requests promptly, and in any event within the timeframes described in our Privacy Policy.
If you believe a Ghost Profile contains inaccurate information, you may request a correction through the same contact channels in addition to, or instead of, removal.
8.6 Use of Artificial Intelligence and Generative AI Tools
We may use artificial intelligence and generative AI tools as a technical aid in developing the Platform and in editorial work, for example software implementation, drafting, editing or translating text, and creating illustrative graphic elements such as non-photorealistic images, silhouettes, icons or decorative assets. AI tools are used solely as a support mechanism: all AI-assisted output is reviewed by a human before publication, and AI never independently determines user rights, moderation decisions, rankings or any other outcome producing legal or similarly significant effects. We remain fully responsible for everything published on the Platform, whether or not AI tools assisted in creating it, and we follow the principles of transparency, human oversight and responsible use set out in Regulation (EU) 2024/1689 (the "AI Act").
Any AI-assisted visual content is illustrative only and does not depict real persons, places or events unless expressly stated otherwise.
This section concerns our own use of AI as an internal tool. It does not cover AI-based features offered directly to Users through the Platform; if such features are introduced in the future, we will provide the specific information and notices required by applicable law before they go live.
Article 9. Paid Services
Paid Services are not yet active on the Platform. The provisions of this Article will apply from the date on which Membership and Event Boost are made purchasable. You will be informed in advance, and these Terms together with the Privacy Policy will be updated where necessary.
9.1 Event Boost
Any Registered User may purchase a Boost for a specific event to increase its visibility in the Platform's ranking. Three tiers will be available: Spark, Boost and Top. Pricing, duration and the specific visibility multiplier are displayed before purchase. Boosts are tied to a specific event and expire at the event date or at the end of the purchased period, whichever comes first.
9.2 Membership
Membership is a recurring paid subscription that unlocks extended features, including: extended event discovery window (up to 365 days), publication of availability dates in the Live Music Club Agenda, advanced search filters and event flyer upload. Membership renews automatically unless cancelled before the renewal date. You may cancel at any time. Cancellation takes effect at the end of the current billing period; the Service remains accessible until that date.
9.3 Payment processing
All payments will be processed by our payment provider Stripe (Stripe Payments Europe Limited). We do not store your card details. By completing a purchase you also agree to Stripe's terms of service. All prices are shown inclusive of applicable VAT, in Euro.
9.4 Right of withdrawal and waiver (Consumers)
Under Articles 9–11 of Directive 2011/83/EU, as implemented in Italy by Articles 52–53 of the Consumer Code (D.lgs. 206/2005), Consumers have the right to withdraw from a contract for digital content or services concluded at distance within 14 days from the conclusion of the contract, without giving any reason and without incurring any costs other than those expressly provided by law.
However, because Membership and Event Boosts are digital services that begin to be performed immediately upon purchase and that you wish to access without delay, at checkout you will be required to:
- (i) expressly request that performance of the service begin immediately, during the 14-day withdrawal period; and
- (ii) expressly acknowledge that, once the service has been fully performed, you will lose your right of withdrawal under Article 16(m) of Directive 2011/83/EU and Article 59(1)(o) of the Italian Consumer Code.
By ticking the dedicated checkbox at checkout (which is unticked by default and which is required to complete the purchase), you give the express prior consent and acknowledgement required by those provisions, and you accept that:
- For Event Boosts, the service is fully performed as soon as the Boost is activated on the event; from that moment the right of withdrawal is lost.
- For Membership, the service begins immediately upon activation; if you withdraw within the 14-day period after activation, you will owe an amount proportionate to the part of the service already supplied up to the date on which you inform us of the withdrawal, in accordance with Article 14(3) of Directive 2011/83/EU.
To exercise your right of withdrawal where still available, send an unequivocal statement to legal@bandintour.com. Refunds, where due, are issued via the same means of payment used for the purchase, within 14 days of receipt of your withdrawal notice.
9.5 Statutory conformity guarantee
The conformity rights granted to Consumers under Directive (EU) 2019/770 on digital content and services (implemented in Italy by D.lgs. 173/2021) apply to Membership and Event Boosts. If the paid service is not in conformity with the Agreement, you may request that conformity be brought about, a proportionate price reduction or termination of the contract, as provided by law.
Article 10. Sanctions for Violations
If we reasonably believe that you have breached these Terms or applicable law, we reserve the right, with prior reasoned notice where feasible and proportionate, to:
- Reject or cancel your registration on the Platform.
- Temporarily suspend your Profile.
- Permanently close your Profile.
- Remove any Content you have published, temporarily or permanently.
- Terminate your access to all Services.
- Disclose relevant information to competent judicial or administrative authorities where required by law.
Suspensions and content restrictions are subject to the procedural safeguards set out in Article 10bis. In urgent cases involving illegal content, imminent harm to users or violations of fundamental rights, restrictions may be applied without prior notice; the affected user will receive the statement of reasons immediately after the measure is taken.
Article 10bis. Content Moderation, Notice-and-Action and Appeals (DSA)
Band in Tour qualifies as a hosting service provider under the Digital Services Act and complies with the obligations applicable to micro-enterprises. We do not reach 45 million average monthly active recipients in the EU and are therefore not designated as a Very Large Online Platform.
10bis.1 Notice-and-action mechanism
Any user or third party may report illegal Content or violations of these Terms through the report button available on every event page and public profile, or by writing to legal@bandintour.com. To allow a precise assessment, your notice should include: a sufficiently substantiated explanation of why the Content is considered illegal or in breach of these Terms, the exact URL or clear identification of the Content, your name and contact email (anonymous notices may be accepted but processed with lower priority), and a good-faith statement that the information provided is accurate. Submitting notoriously inaccurate or abusive notices is itself a breach of these Terms.
10bis.2 Pre-publication moderation
Every event submitted to the Platform is reviewed by an administrator before going public. Approval, rejection or removal decisions are taken on the basis of these Terms, applicable law and the principles of necessity and proportionality.
10bis.3 Statement of reasons
Where we restrict the visibility of Content, suspend or terminate a Service, or restrict an account, the affected Registered User will receive a clear and specific statement of reasons, identifying the measure taken, the facts and circumstances relied upon, the legal or contractual ground invoked, and information on available redress mechanisms.
10bis.4 Internal appeal
You may challenge any moderation decision by writing to legal@bandintour.com within 6 months of receiving the statement of reasons. Appeals are reviewed by a person who did not take the original decision and are decided within 30 days. Decisions taken under the internal appeal are not based solely on automated means.
10bis.5 Out-of-court dispute settlement and judicial remedies
If you are not satisfied with the outcome of the internal appeal, you may submit the dispute to a certified out-of-court dispute settlement body under Article 21 DSA, or seek judicial redress. You may also lodge a complaint with the Italian Digital Services Coordinator (AGCOM).
10bis.6 Single point of contact
Our single point of contact for Member State authorities, the European Commission, the European Board for Digital Services and users under Articles 11 and 12 DSA is legal@bandintour.com. Working languages: English and Italian.
10bis.7 Transparency reporting
In accordance with Article 15 DSA, we produce a yearly transparency report summarising the number of notices received under Article 10bis.1, the removals and other restrictions performed, the internal appeals filed under Article 10bis.4 and their outcomes, and the average time taken to act.
No transparency report has been published yet. The Platform is in its first period of operation and the first reporting year is still running. Our first report, covering the 2026 calendar year, will be published on this website by 31 March 2027, and a link to it will be added to the footer of the Platform at that time; subsequent reports will follow on a yearly basis. In the meantime, if you need these figures (for instance because you are a user affected by a moderation decision, a researcher or an authority), write to legal@bandintour.com and we will provide the current figures on request.
Article 11. Account Closure
You may delete your account at any time from your profile settings. Alternatively, submit a deletion request to support@bandintour.com.
Upon deletion, your public profile is removed from the Platform within 30 days. Some data may be retained in a restricted archive for the period required by applicable law (see our Privacy Policy for retention periods). Account deletion is permanent and cannot be undone. Pending or completed payments are not refunded by virtue of deletion alone; the right of withdrawal under Article 9.4 applies independently.
Events are not deleted with your account. Events you created, or that you were linked to as an act, venue or promoter, remain published and unchanged, in particular where they involve other entities or have already taken place. What is removed is the link to your profile: your name stays on the event as plain text and is no longer clickable. An event is shared content and not content belonging exclusively to whoever created it: the other entities named on it and the users who gave it Community Support have their own legitimate interest in seeing it preserved, which is why it is not removed automatically. If you want a specific event removed, write to privacy@bandintour.com or legal@bandintour.com: we assess each request individually, balancing your interest against that of the other entities involved, as described in Section 7 of our Privacy Policy.
Where the name of an act, venue or promoter remains in the text of an event or of an editorial article after the corresponding account has been closed, it is used solely to state, accurately and factually, who took part in that event. It is not used as a sign of commercial origin for our own services, and therefore falls outside the exclusive rights granted by Art. 20(1) of the Italian Industrial Property Code (Legislative Decree No. 30/2005); to the extent it is nonetheless regarded as use in the course of trade, it is the fair nominative and descriptive use permitted by Art. 21(1) of the same Code, the provision already relied on in Article 8.5 for Ghost Profiles. Law No. 633/1941 does not require its removal either: a name is not in itself a protected work, Art. 100 of that Law only prevents the title of a work from being reused on a different work in a way capable of causing confusion, and Art. 101(1) expressly confirms that reproducing information and news is lawful where it is done in accordance with honest journalistic practice and the source is cited; Band in Tour's use of a past participant's name is purely factual reporting of this kind, not the systematic reuse for profit that Art. 101(2)(b) addresses separately.
Article 12. Platform Security and Availability
We make every effort to maintain the security, availability and integrity of the Platform. However, we cannot be held responsible for errors, interruptions or unavailability caused by circumstances beyond our reasonable control, including internet outages, third-party infrastructure failures, cyberattacks or force majeure events.
We reserve the right to modify, suspend or discontinue any non-essential part of the Platform at any time. Where such modifications materially affect a paid Service already purchased, users who have purchased that Service (Membership or an Event Boost) will be informed in advance and, where required by Directive (EU) 2019/770, will be entitled to terminate the contract for that Service free of charge.
Article 13. Disclaimer and Limitation of Liability
The Platform and its Services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, other than those that cannot be excluded under applicable law, in particular the statutory guarantees granted to Consumers under EU and Italian law.
Band in Tour does not verify the accuracy of event information posted by users and is not responsible for cancelled, postponed, incorrectly described or fraudulent events. Always verify event details directly with the organiser.
To the fullest extent permitted by applicable law, Band in Tour shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from your use of or inability to use the Platform. Where liability cannot be excluded by law, our total aggregate liability shall not exceed the amount paid by you for the Services in the 12 months preceding the event giving rise to the claim, or fifty euro (€50) where you have not made any payment.
Nothing in these Terms limits or excludes our liability for gross negligence, wilful misconduct, death or personal injury caused by our negligence, or any other liability that cannot be limited or excluded under mandatory Italian or EU law.
Article 14. Indemnity
You agree to indemnify, defend and hold harmless Band in Tour and its representatives from any and all claims, liabilities, damages, costs and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms or any applicable law; (b) Content you have published on the Platform; or (c) any third-party claim related to your use of the Services. This indemnity does not apply where, and to the extent that, the claim arises from our own fault or where mandatory consumer protection law prohibits such indemnification.
Article 15. Third-Party Links
Profiles on the Platform may contain links to external websites (social media, streaming services, artist websites, ticket vendors). We do not endorse, verify or take responsibility for any third-party content or services. Access to third-party sites is at your own risk and subject to their own terms and privacy policies.
Article 16. Personal Data
The processing of personal data in connection with your use of the Platform is governed by our Privacy Policy, which forms part of this Agreement. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.
Article 17. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable under applicable law, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect.
Article 18. Personalised Recommendations and Newsletter
18.1 Recommended for you
Registered Users may optionally set interest preferences (cities, genres and band type) to receive a personalised feed of profiles ("Recommended for you"). This feature is entirely optional and based on your consent. Interest data can be updated or deleted at any time from Profile > Settings. In accordance with Article 27 DSA, the main parameters that determine the recommendations (your selected cities, genres and band type filter) are transparently disclosed; we offer non-profiling alternative views of the Platform (the public map and search by city, genre and date).
18.2 Recommendations newsletter and admin newsletters
If you opt in, we may send you up to one email every two weeks summarising new profiles and activity that match your interest preferences, and occasional admin-composed newsletters relevant to the live music community. Each email contains a one-click unsubscribe link and the option can also be disabled from Profile > Settings. Opting in to the newsletter does not constitute consent to receive unrelated commercial communications.
18.3 No profiling for advertising
Interest data is used exclusively to generate personalised recommendations within the Platform and the opt-in newsletter described above. It is not sold, shared with third parties, or used for targeted advertising. Should we ever introduce optional advertising (see the Cookie Policy regarding the planned future activation of Google AdSense), we will not use sensitive categories of personal data for targeting and will not show targeted advertising to minors, as required by Articles 26 and 28 DSA.
Article 19. Assignment
You may not transfer or assign your rights under these Terms to any third party. We may assign or transfer our rights and obligations under these Terms, for example in the context of a corporate reorganisation or transfer of the platform, provided that such transfer does not adversely affect your rights under applicable consumer protection law. We will notify Registered Users of any such transfer.
Article 20. Governing Law and Dispute Resolution
20.1 Governing law
These Terms are governed by Italian law. If you are a Consumer resident in the European Union, you also benefit from the mandatory consumer-protection provisions of the law of your country of residence, which these Terms cannot derogate from.
20.2 Informal resolution
Before initiating any formal proceedings, we encourage you to contact us at legal@bandintour.com to attempt to resolve the dispute informally. We will respond within 30 days and work in good faith toward a resolution.
20.3 EU Online Dispute Resolution
If you are a Consumer resident in the EU and we are unable to resolve a dispute informally, you may use the European Commission's Online Dispute Resolution (ODR) platform, available at ec.europa.eu/consumers/odr. Our contact email for ODR purposes is legal@bandintour.com.
20.4 Out-of-court dispute settlement under the DSA
Disputes concerning content moderation decisions may be submitted to a certified out-of-court dispute settlement body under Article 21 DSA, in addition to or in place of the internal appeal mechanism described in Article 10bis.
20.5 Jurisdiction
Any dispute not resolved through the above mechanisms shall be subject to the exclusive jurisdiction of the competent court of Reggio Calabria, Italy. Consumers resident in another EU Member State retain the right to bring proceedings before, and to be sued only in, the courts of their place of residence, as required by Regulation (EU) 1215/2012.
Article 21. Changes to These Terms
We may update these Terms at any time. We will notify Registered Users by email of any material changes at least 15 days in advance, where reasonably possible, and update the version date at the top of this page. If you do not agree with the updated Terms, you may terminate your account before the effective date. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.
Article 22. Contact
- General support: support@bandintour.com
- Legal, IP claims and DSA single point of contact: legal@bandintour.com
- Privacy requests: privacy@bandintour.com
- Postal address: IOCOS di G.C., Via F. Baracca traversa De Salvo 15, 89123 Reggio Calabria, Italy · P.IVA 02758080804