Terms of Use · BANDCOM

20261018112213-7b4210 · 2026-10-18 13:22:13

BANDCOM Terms of Use

Last updated: 18 October 2026

1. Platform Operator and Scope

BANDCOM – The Music Network is a Europe-wide online platform for musicians, bands, artists, event organisers, booking agents, clubs and other participants in the music and events industry.

The platform is operated by:

ESO Media

Owner: Thomas Tuchlinski

Blohmstr. 5

12307 Berlin

Germany

Email: info@bandcom.eu

Websites: www.bandcom.eu and www.bandcom.de

These Terms of Use govern the use of the BANDCOM platform, including registration, profile creation, publication of gig offers, use of the gig marketplace, tour planning and communication between members.

Additional terms and conditions and the respective service descriptions apply to paid services.

2. Purpose of the Platform

BANDCOM is intended to facilitate networking and cooperation within the music and events industry.

In particular, the platform provides the following functions:

Gig marketplace for performance opportunities and support slots

Gig exchanges and last-minute offers

Profiles for bands, artists, musicians and event organisers

Search functions for bands, musicians and venues

Tour planning and gig calendar

Internal messaging system

Other additional functions offered on the platform

The availability of individual functions may depend on the user's role, technical requirements and the platform's stage of development.

BANDCOM provides technical opportunities for contact and presentation. There is no entitlement to successful placement of gigs, applications or business contacts.

3. Registration and Member Accounts

Publicly accessible areas of BANDCOM can generally be used without registration.

A member account is required for certain functions, particularly the publication of gig offers, applications and internal messaging.

All required information provided during registration must be accurate and complete.

Members are responsible for keeping their login credentials confidential and protecting them against unauthorised access.

A member account may not be transferred to a third party without the operator's consent.

Registration is generally free of charge.

There is no unconditional entitlement to registration or permanent provision of a member account. Registration may be refused or account access restricted for objective reasons, particularly in cases of misuse, security risks or violations of these Terms of Use. Such decisions will not be made arbitrarily.

4. User Roles and Profiles

BANDCOM supports different user roles, including:

Bands and artists

Individual musicians

Event organisers

Booking agents and booking agencies

Clubs and venues

Members may use the functions available for their respective roles.

Profile information must be factually accurate. Members must not impersonate others or provide misleading information about their activities, authorisations or offers.

Images, logos, music, videos and other content may be published only if the member holds the necessary rights.

Public profiles may be viewed by unregistered visitors and indexed by search engines.

5. Gig Marketplace and Gig Offers

BANDCOM allows members to publish performance opportunities, support slots, gig exchanges and last-minute offers.

Members publishing gig offers are responsible for the accuracy and currency of the information provided.

This includes, in particular:

Venue and event date

Type of performance

Requested music genres

Number of available performance slots

Payment and other conditions

Essential requirements for applicants

Offers must not be knowingly misleading, fictitious or abusive.

Offers that have already been filled or are no longer available must be updated or closed where the platform provides the relevant functionality.

BANDCOM is not the organiser of published gigs unless expressly stated otherwise.

6. Payment and Pay-to-Play

Gig offers must clearly state the essential payment conditions.

Permitted payment arrangements may include:

Agreed fixed performance fees

Revenue or ticket-sales sharing arrangements (door deals)

Negotiable fees

Performances expressly identified as unpaid

Gig exchanges without direct monetary compensation

Pay-to-play arrangements are prohibited on BANDCOM.

In particular, bands or artists must not be required to pay a participation fee in order to obtain an advertised performance opportunity.

Mandatory ticket purchases or comparable hidden costs that effectively require artists to pay for the opportunity to perform are also prohibited.

BANDCOM may remove such offers and restrict or suspend member accounts in cases of repeated or serious violations.

7. Applications and Gig Confirmations

Members may apply for gig offers using the functions provided.

Submitting an application does not automatically constitute a binding booking.

A binding agreement between a band, artist and event organiser is concluded in accordance with applicable law and the specific arrangements agreed between the parties.

BANDCOM does not guarantee that a performance will take place, that an event organiser will be able to pay, or that participating members will be reliable.

The parties are responsible for clearly documenting essential arrangements concerning performance fees, performance duration, technical requirements, travel expenses, cancellation conditions and other services.

BANDCOM is generally not a contractual party to such performance agreements.

8. Gig Exchanges

Gig exchanges allow bands, artists or event organisers to offer reciprocal performance opportunities.

The parties independently agree on the conditions of each exchange.

A gig exchange does not constitute a guarantee that a reciprocal performance will subsequently take place.

BANDCOM is not liable solely because a reciprocal performance fails to take place after the contact was established through the platform.

Statutory claims between the respective contracting parties remain unaffected.

9. Venue Directory

BANDCOM maintains a Europe-wide directory of clubs, event venues and concert locations.

Venue entries may be created by operators, BANDCOM members or on the basis of publicly available information.

An automatically created venue entry does not mean that the venue operator is a BANDCOM member or has agreed to a business relationship with BANDCOM.

The information is intended primarily to facilitate venue searches, gig organisation and tour planning.

Members may enter only factually accurate information about venues.

BANDCOM endeavours to provide accurate information but does not guarantee that all entries are complete or continuously up to date.

Authorised venue operators and affected individuals may request corrections or the removal of an entry by contacting info@bandcom.eu, subject to the applicable legal requirements.

The processing of personal data is governed by the Privacy Policy.

10. Tour Planning and Gig Calendar

The tour planning function helps members search for venues and plan potential performance routes.

Displayed locations, distances, availability information and event details are provided for guidance.

BANDCOM does not guarantee that a venue is actually available on a requested date or that a performance agreement will be concluded.

Members must independently confirm bookings and essential event details with the respective contacts.

11. Internal Messaging System

BANDCOM provides an internal messaging system for registered members.

It is intended for communication concerning gigs, applications, cooperation and other platform-related matters.

The following activities are prohibited in particular:

Spam and unsolicited mass advertising

Harassment, threats and insults

Fraudulent attempts and misleading messages

Unauthorised disclosure of third parties' personal data

Malware and malicious links

Private conversations may be automatically deleted in accordance with the retention periods described in the Privacy Policy and actually implemented in the system.

Members should independently retain copies of important contractual agreements where necessary.

12. Member Content and Rights

Members generally retain their rights to content they create.

By uploading or publishing content, members grant BANDCOM a non-exclusive licence limited to what is necessary for operating the platform.

This licence includes the technically necessary storage, processing, display and making available to the public of such content within the functions used.

Any additional promotional use of individual members' content outside the platform requires separate authorisation, unless another valid legal permission applies.

The licence generally ends when the relevant content is removed, unless further lawful retention is required.

Members confirm that they hold the necessary rights to the content they publish.

13. External Links and Media

Members may link to external websites, music services and social networks through the functions provided.

These may include YouTube, Spotify, Apple Music, Facebook and Instagram.

External providers' own terms of use and privacy policies apply to their content.

BANDCOM does not adopt third-party content as its own merely by providing a link.

The data protection implications of directly embedded content are explained in the Privacy Policy.

Members must not link to unlawful or harmful content.

14. Prohibited Uses

BANDCOM must not be used for unlawful or abusive purposes.

The following activities are prohibited in particular:

Publishing unlawful content

Fraud and identity impersonation

Unauthorised use of third-party images, music or trademarks

Distribution of malware

Unauthorised automated mass extraction of data

Manipulation of applications, ratings or user accounts

Circumvention of technical security measures

Misuse of the messaging system

Publication of prohibited pay-to-play offers

Actions permitted by applicable law remain unaffected by these provisions.

15. Reporting Unlawful Content

Users and affected third parties may report suspected unlawful content or abusive offers to BANDCOM.

Contact: info@bandcom.eu

A report should preferably include the relevant URL, a description of the content concerned and the reason for the complaint.

BANDCOM reviews such reports and takes appropriate action where necessary.

Where legally required, BANDCOM provides the notice, statement-of-reasons and complaint-handling procedures prescribed by the Digital Services Act.

16. Measures in the Event of Violations

In the event of violations of these Terms of Use or applicable law, BANDCOM may take proportionate measures.

These may include:

Requesting correction of content

Removing or restricting individual content

Temporarily restricting certain functions

Temporarily suspending a member account

Terminating the user agreement for good cause

When selecting measures, BANDCOM takes into account the seriousness, frequency and consequences of the violation.

Any legally prescribed rights to information, statements of reasons and complaints remain unaffected.

17. Free and Paid Functions

Registration and BANDCOM functions identified as free of charge may be used without a usage fee.

Certain additional services may be offered for a fee.

Before a binding booking is made, paid services are presented with their relevant prices and contractual conditions.

The respective service descriptions and separate General Terms and Conditions apply additionally to paid services.

Using free functions does not automatically oblige members to purchase paid services.

18. Availability and Further Development

BANDCOM endeavours to operate the platform reliably.

However, uninterrupted availability at all times cannot be guaranteed.

Technical maintenance, security measures or disruptions may result in temporary restrictions.

BANDCOM may further develop its functions and adapt them to technical or legal requirements.

Material changes affecting existing contractual rights will be made only in accordance with applicable legal requirements.

19. Liability

BANDCOM is liable without limitation for intent and gross negligence, as well as for damage resulting from injury to life, body or health.

In cases of slightly negligent breaches of material contractual obligations, liability is limited to the foreseeable damage typical of the contract, to the extent permitted by law.

Liability under mandatory statutory provisions remains unaffected.

BANDCOM is not responsible for the performance of independent contracts between members solely because the relevant booking or contact was facilitated through the platform.

The statutory rules on responsibility for third-party content apply.

20. Termination of Membership

Members may terminate their membership in accordance with the available account functions and applicable contractual provisions.

Personal data will be deleted in accordance with the Privacy Policy and statutory retention obligations.

Existing obligations under separate paid contracts remain unaffected by the deletion of an account unless those contracts are also validly terminated.

BANDCOM may terminate the user agreement for good cause. Mandatory statutory rights remain unaffected.

21. Changes to These Terms of Use

BANDCOM may amend these Terms of Use for the future where there is an objective reason, particularly due to changes in legislation, security requirements or further development of the platform.

Where amendments affect existing contractual relationships, members will be informed in accordance with applicable legal requirements.

Continued use of the platform does not automatically constitute consent to amendments for which express consent is legally required.

Previous versions may be archived for documentation purposes.

22. Applicable Law

German law applies, without prejudice to mandatory consumer protection provisions applicable in cross-border situations.

Mandatory statutory rules on jurisdiction remain unaffected.

23. Contact

Questions about the platform, these Terms of Use or reported content may be directed to:

BANDCOM – The Music Network