Terms of Service
PostChord (“PostChord”, “we” or “our”) provides tools that help bands, promoters, venues, teams, and other participants coordinate and distribute social promotion for live events (the “Services”). Individuals and organizations using the Services are referred to herein as “Users” or “you.”
In order to use our Services, you will need to review, agree to, and adhere to the following terms and conditions for use, including the Community Standards and Acceptable Use Policy (the “Terms”). We also encourage you to review the PostChord Privacy Policy, which is incorporated by reference within these Terms.
Your Data
PostChord abides by applicable privacy and data protection laws. Our Privacy Policy provides additional details about how we collect, use, treat, and protect your personal information.
You are responsible for ensuring that any information, contact data, content, or other materials you provide through the Services have been collected and provided lawfully and that you have any permissions or consent required to use such information through PostChord.
Social Accounts and Third-Party Platforms
PostChord may allow you to connect accounts or pages from third-party platforms, including social media services.
By connecting a third-party account to PostChord, you represent that you are authorized to access and use that account and authorize PostChord to perform the actions you request through the Services, subject to the permissions granted by the applicable third-party platform.
PostChord does not control third-party platforms. Features involving third-party platforms may be limited, modified, interrupted, or discontinued because of changes to their APIs, policies, permissions, availability, or other requirements.
We do not guarantee that any scheduled or requested post will be successfully published, delivered, displayed, or remain available on a third-party platform.
Your use of any third-party platform remains subject to that platform’s own terms, policies, and rules.
User Content and Promotional Materials
Users may provide event information, flyers, images, text, links, social content, contact information, and other materials through PostChord (“User Content”).
You retain ownership of your User Content.
By submitting User Content to PostChord, you grant PostChord a limited right to host, store, process, format, reproduce, distribute, and transmit that User Content as reasonably necessary to provide the Services you request.
You represent that you have the rights and permissions necessary to provide the User Content to PostChord and to authorize its use through the Services.
PostChord is not responsible for the accuracy, legality, ownership, or contents of materials submitted by Users.
Fan and Audience Communications
Certain Services may allow Users to collect, import, store, or communicate with fans, customers, supporters, attendees, or other contacts.
Users are responsible for obtaining any consent required to collect contact information or send marketing or promotional communications to those individuals.
Users may not use PostChord to send communications to individuals who have not provided any consent required by applicable law or who have opted out of receiving such communications.
Where PostChord provides consent, unsubscribe, or communication-preference tools, Users agree to respect and comply with the preferences recorded through those tools.
Indemnification
You agree to indemnify and hold harmless PostChord, its contractors, licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of our Services, including but not limited to any violation of the Privacy Policy and/or these Terms.
This includes claims arising from User Content, your use of connected third-party accounts, communications sent through the Services, or your failure to obtain permissions or consent required for information, content, accounts, or contacts you provide through PostChord.
Disclaimer of Warranties
Limitation of Liability
By using our Services, you agree that the only remedies for your dissatisfaction with the Services are to delete your account or contact PostChord at holler@postchord.com.
Where allowed under applicable law, in no event will PostChord, its directors, officers, employees, third-party affiliates, contractors, or agents be liable for:
any special, incidental, or consequential damages related to your use of our Services;
any interruption of use of our Services or loss or corruption of data;
any failure, interruption, delay, removal, rejection, or modification of content by a third-party platform; or
any related lost profits.
Our liability arising from the Privacy Policy, these Terms, and the use of our Services will not exceed the greater of $100 or the total amount you have paid us for the Services in the past 12 months.
Termination of Services
We may, in our sole discretion, restrict your access to all or part of the Services, deny providing Services, remove content, disconnect integrations, or permanently delete your account at any time, with or without reason, and with or without providing notice.
You may stop using the Services or delete your account subject to the account controls made available through PostChord.
Termination of your PostChord account does not necessarily remove content that has already been published or distributed to third-party platforms. Content published to third-party services may remain subject to the controls and policies of those services.
Intellectual Property Violations
If you believe a User has violated the intellectual property rights of others, you can report the content by contacting PostChord at holler@postchord.com. If we determine there has been an infringement, the infringing material may be removed from the platform.
Please include the following information:
A list of each individual registered work claimed to have been infringed (the “Work(s)”);
A description of the location of each Work on the platform, including a URL where applicable;
Contact information of the complaining party, including name, address, telephone number, and email;
A statement that the complaining party has a good faith belief that the disputed use is not authorized by the owner of the Work, its agent, or the law;
A statement that the information provided is accurate and, under penalty of perjury, that the complaining party is either the owner of the Work(s) or authorized to act on behalf of the owner.
Future Amendments
We reserve the right to make changes or updates to these Terms at any time, so we encourage you to periodically return to review these Terms.
Your continued use of the Services following any updates shall mean that you agree to and accept such changes.
Governing Law and Venue
Our Services are protected by applicable copyright, trademark, and other U.S. and foreign laws.
All claims arising out of or relating to the Privacy Policy, these Terms, or the use of the Services will be governed by Georgia law.
Dispute Resolution
A good faith attempt to resolve any issue with PostChord must be made before the escalation of any claim or dispute.
Please include a description of your issue, any other pertinent information, and the resolution you seek in your communication to PostChord at holler@postchord.com.
If a claim is escalated, any dispute beyond mutual resolution must first be submitted to mediation before litigation or arbitration.
YOU AGREE THAT ALL CLAIMS, WITH THE EXCEPTION OF CLAIMS RELATED TO INTELLECTUAL PROPERTY, WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. IF YOUR CLAIM QUALIFIES UNDER SMALL CLAIMS COURT, YOU MAY ALSO BRING YOUR CLAIM THERE. FOR ANY CLAIM THAT IS NOT ARBITRATED OR RESOLVED IN SMALL CLAIMS COURT, YOU AGREE THAT IT WILL BE RESOLVED EXCLUSIVELY IN THE STATE COURTS LOCATED IN GEORGIA OR THE APPLICABLE U.S. DISTRICT COURT SERVING COBB COUNTY, GEORGIA. YOU AND POSTCHORD EXPRESSLY WAIVE A TRIAL BY JURY.
Community Standards and Acceptable Use Policy
At PostChord, we’re committed to providing a safe, respectful, and reliable way for bands, promoters, venues, teams, and their audiences to connect and promote live events.
By using our platform, you agree to the following expectations (the “Expectations”):
No Pornographic or Explicit Content: PostChord is not a platform for sharing, storing, or transmitting sexually explicit, pornographic, or offensive content (“Prohibited Content”). This includes but is not limited to images, language, or links containing Prohibited Content.
Minimum Age Requirement: Users must be 18 years or older to create or maintain a PostChord account. We do not knowingly collect or permit account activity from anyone under the age of 18.
Authorized Account Access: You may only connect, manage, post to, or otherwise use social media pages and accounts that you own or have been authorized to manage.
Authorized Promotion: You may not falsely represent another band, promoter, venue, organization, individual, or event or use PostChord to publish content on behalf of another party without authorization.
Consent for Marketing Communications: You may only use PostChord to send marketing or promotional communications where you have the right and any required consent to do so.
Respect Communication Preferences: You may not intentionally circumvent opt-outs, unsubscribe requests, blocked communications, or other preferences communicated by a recipient.
No Harassment or Abuse: Users may not harass, threaten, defame, or abuse others through the platform.
No Illegal Activity: You agree not to use PostChord for any unlawful purpose, including fraud, identity theft, impersonation, distributing malware or viruses, or facilitating unlawful activity.
Respect for Intellectual Property: Do not upload, publish, distribute, or share content that infringes on someone else’s copyright, trademark, or other protected rights.
No Spam or Platform Misuse: Do not use automated bots, spamming tools, unauthorized scraping, or any method that interferes with the experience, operation, or security of PostChord, its third-party integrations, or its Users.
Third-Party Platform Compliance: You agree to comply with the applicable rules, policies, and terms of any third-party social network or service you access through PostChord.
Truthful Representation: You must provide accurate information when setting up an account, joining an organization or event, connecting a social account, or otherwise using the platform.
Reporting Misuse: You agree to report inappropriate content or breaches of these Expectations to PostChord at holler@postchord.com.
Right to Remove Content or Accounts: PostChord reserves the right to remove or restrict content, integrations, or accounts that violate these Expectations.
Right to Update Terms: PostChord reserves the right to amend, modify, and update the Community Standards and Acceptable Use Policy. Continued use of the Services indicates your acceptance of any amendments.
How to Contact Us
Please contact us at the following email address if you have any questions, comments, or concerns regarding these Terms and Conditions: