Bandcamp Gift Card Terms of Use

Effective Date: December 15, 2017

Introduction

By purchasing, accepting or using a Bandcamp gift card (“Gift Card”) and in consideration for your right to use the Gift Card, you agree to be bound by these terms of use (the “Gift Card Terms of Use”), which also incorporate the terms of use available at www.bandcamp.com/terms_of_use (the “Bandcamp Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time by Bandcamp, Inc. (the “Company,” “Bandcamp,” “we,” “us,” or “our”), each of which is incorporated by reference into these Gift Card Terms of Use and each of which may be updated by Company from time to time. In these Gift Card Terms of Use, "you" and "your" means the user who has purchased or received a Gift Card.

Please be advised that the Bandcamp Terms of Use contain provisions that govern how claims you and we have against each other are resolved. It also contains an arbitration agreement section entitled "Dispute Resolution," which will, with limited exceptions, require you to submit claims you have against us to arbitration. In the event of any conflict between these Gift Card Terms of Use and those contained in the Bandcamp Terms of Use, these Gift Card Terms of Use shall prevail.

Purchasing a Bandcamp Gift Card

Gift Cards are available for purchase directly from Bandcamp in the following currencies:

• United States Dollars (USD)
• British Pounds (GBP)
• Canadian Dollars (CAD)
• Euro (EUR)
• Australian Dollars (AUD)
• Japanese Yen (JPY)

When you purchase a Gift Card, a unique code is sent to the recipient. The recipient will either redeem the code using a link in the email containing their unique code or enter (redeem) the code on Bandcamp to add its value to their account balance, allowing them to pay for orders from participating artists and labels. The recipient will be required to have or create a Bandcamp fan account to redeem and use the Gift Card.

Redeeming and Using a Bandcamp Gift Card

A Gift Card can be redeemed to buy digital content and certain physical merchandise in the following currencies:

• United States Dollars (USD)
• British Pounds (GBP)
• Canadian Dollars (CAD)
• Euro (EUR)
• Australian Dollars (AUD)
• Japanese Yen (JPY)

The Gift Card can be redeemed and used on Bandcamp’s website, and currently may not be redeemed or used in Bandcamp’s mobile application.

You must have a Bandcamp fan account to redeem and use the Gift Card.

Upon first redemption or use, the Gift Card links to the Bandcamp account associated with the Gift Card's first use and becomes non-transferable.

You may check your Gift Card balance by visiting https://bandcamp.com/redeem.

The Gift Card may be used to make purchases only up to the available balance on the Gift Card. The available balance of the Gift Card is reduced by the amount of each purchase of goods or services and by other deductions, if any, that may be required by law.

If you want to use the Gift Card to make a purchase that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from your PayPal account, credit card or other payment method. You agree that we are not responsible if you do not have enough funds on your Gift Card to facilitate a transaction.

Restrictions

The Gift Card may not be used to pay for Bandcamp Pro, Bandcamp for Labels, or other service fees. The Gift Card also may not be used to buy other Gift Cards, third party gift cards, gift certificates, or any other kind of currency.

The Gift Card is not refundable or redeemable for cash or credit, unless required by law.

No more than a total of $500 USD in Gift Cards may be redeemed or purchased per day, and no more than a total of $2500 USD in Gift Cards may be redeemed or purchased per calendar month.

Disclaimer of Warranties; Limitation of Liability

Without limiting the disclaimer of warranties contained in the Bandcamp Terms of Use and to the extent permitted by applicable law, we make no representations, warranties or conditions of any kind, express or implied, with respect to the Gift Card or any purchases made with the Gift Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing, or course of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.

In addition to the exclusion of damages set out in the Bandcamp Terms of Use, you agree that we shall have no liability for lost profits or any special, incidental or consequential damages arising out of or in connection with these terms of use (however arising, including negligence). In addition, to the extent permitted by applicable law, in no event shall we have any liability for any damages or losses (including, but not limited to lost profits or any special, incidental or consequential damages) resulting directly or indirectly from: (a) unauthorized access to, or alteration, theft or destruction of a Gift Card through accident, misuse, or fraudulent means or devices by you or any third party; (b) any circumstances beyond our control; (c) the use of the Gift Card being suspended or prohibited because it has been reported lost or stolen, or we believe it is being used suspiciously or fraudulently or is being subjected to unauthorized use; (d) through no fault of ours, your not having sufficient funds on a Gift Card to cover a transaction; or (e) inability to use a Gift Card because our system is not working properly. You agree that we are not responsible for any interruption of service. The laws of certain states or other jurisdictions may not allow limitations on implied warranties, or the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing and the disclaimer of warranties in the Bandcamp Terms of Use, in the event that we are found liable to you, you shall only be entitled to recover actual and direct damages in an amount not to exceed the amount loaded onto your Gift Card.

General Terms

The funds on the Gift Card do not expire. No fees apply.

Protect the Gift Card like any other financial information. Lost, deleted, stolen or otherwise unusable Gift Cards will only be replaced if the Gift Card has never been used, and only with satisfactory proof of purchase, where required by law.

The Gift Card is not a credit card, charge card or bank debit card and can only be used for the amount of funds loaded onto the Gift Card. No implied warranties attach to it. The funds loaded on the Gift Card are collected by Bandcamp and deposited with and held by us in a pooled account with funds associated with other cards. You will not be paid or earn interest on the amount of the Gift Card.

The Gift Card may be subject to deductions required by law, including deductions, if any, resulting from the escheat of Gift Card funds under applicable state laws governing unclaimed property. You may not add any funds to the Gift Card. Your ability to make purchases with the Gift Card will end when the Gift Card amount reaches zero.

We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card if we suspect fraud, unlawful activity or improper Gift Card use. You agree that you will not use a revoked Gift Card.

Bandcamp reserves the right, at its sole discretion, to modify or replace any of the terms in these Gift Card Terms of Use by posting a notice on our site or by sending you an e-mail. We may also impose limits on certain features and services without notice or liability. It is your responsibility to check these Gift Card Terms of Use periodically for changes. Your continued use of the Gift Card following the posting of any changes to these Gift Card Terms of Use constitutes acceptance of those changes. Notwithstanding the preceding sentences of this section, no modifications to these Gift Card Terms of Use will apply to any dispute between you and Company that arose prior to the date of such modification.