API Terms of Use Agreement

Songkick API Terms of Use Agreement

Version: 131028.0

Please review these terms and conditions periodically and check the version for changes.

Songkick will announce changes to and new releases of the Songkick API at https://groups.google.com/group/songkick-api.

By accessing and using the Songkick API, you explicitly agree to comply with and be bound by the following Agreement (the “Songkick API Terms”).

1. Services

1.1 The Songkick API is a Songkick.com, Inc. (“Songkick”) service that allows pre-approved licensees to retrieve data as described in http://www.songkick.com/developer/ (the “Songkick Data”).

1.2 Songkick reserves the right to modify or discontinue the Songkick API or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Songkick shall not be liable to you or any third party should Songkick exercise its right to modify or discontinue the Songkick API or part of it.

2. Attribution Requirements

You agree to display attribution on your website or application wherever Songkick Data is used. Please adhere to the following usage guidelines:

2.1 Linking. When using the Songkick API, you must provide a link to songkick.com using the standard linking format on your site for each resource (event, artist, venue, or location) using the link provided in the “uri” element of the response to relevant API calls.

2.2 “Concerts by Songkick” Logo. The use and presentation of Songkick Data must be accompanied by the “Concerts by Songkick” Logo, found in the Attribution Elements download:


Download (zip 1mb)

2.3 The “Concerts by Songkick” Logo can be resized but cannot be edited in any fashion.

2.4 Example Attribution:

Songkick example attribution

2.5 If Songkick Data is used in alternative media formats, equivalent attribution must be given to Songkick, subject to prior approval by Songkick.

3. Copyright and License

Songkick grants you a limited, non-sublicensable right to access the API and use the Songkick Data for non-commercial and informational use. Commercial use is defined as using the Songkick Data for the purposes of monetary reward by means of the sale, resale, loan, transfer, hire or any other form of exploitation of the Songkick Data.

4. Restrictions

This license is subject to the following restrictions:

4.1 All calls to the Songkick API must reference the API Key issued to you as an approved licensee. You will not share the API Key and any other authentication details with any third party.

4.2 You will provide the Songkick Data to your users on “as is” terms, with disclaimers substantially equivalent to those set out in the Songkick Terms of Use.

4.3 You may not use the Songkick Data in a product or service that competes with products or services offered by Songkick.

4.4 You agree to use the Songkick API and Songkick Data in accordance with the Attribution Requirements set forth above.

4.5 This license to use Songkick Data is limited to making direct server calls to the Songkick API for the Songkick Data and to distributing the Songkick Data to end users on your website, immediately upon receipt by your servers. You may not retain any copies of the Songkick Data, except for the purposes of retaining cached information for short periods.

4.6 You further agree not to otherwise reproduce, modify, distribute, or reverse engineer any portion of the Songkick API or any Songkick Data.

4.7 You may only make calls to the Songkick API at a reasonable rate. Songkick reserves the right to limit the rate at which calls may be made in the future, and is likely to do this before opening the API to the general public.

4.8 You may not use the Songkick API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the Songkick Terms of Use or these Songkick API Terms;

4.9 You agree not to use the Songkick API, Songkick Data, or the Songkick Trademarks and Service Marks in any way that harms Songkick, its service providers, its suppliers, Songkick’s or your end users, or any other person. You may not use the Songkick API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the Songkick Terms of Use and Songkick Privacy Policy or these API Songkick Terms, including products, services, or activites that: (a) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (b) are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another.s privacy, tortious, obscene, offensive, or profane; (c) constitute unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (d) involve dodgy commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) aim to distribute 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 Songkick or any third party.

4.10 If you become aware that one or more of your users is/are in material breach of these API Terms or the Songkick Terms of Use and Songkick Privacy Policy (the “Applicable Terms”), then the Company agrees to notify Songkick promptly of such breach by e-mail to support@songkick.com, and to take prompt commercially reasonable corrective action at its own expense to remedy such breach. In addition, upon request of Songkick you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to Songkick or its licensors, or (b) assign any of its applicable rights to permit Songkick or the applicable licensor to seek such equitable relief. Your obligations to report and enforce the Applicable Terms will survive termination of these API Terms and the use of the Songkick API.

4.11 Songkick will be your exclusive live music data provider. You agree not to combine our data with any other concert data, including data from a third-party source, or user-generated or manually-added content.

5. Limited Relationship

Songkick and the Company are independent contractors, and nothing in these API Terms shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. The Company agrees not make any public statements that assert or imply any other relationship with Songkick without mutual written agreement being reached.

6. Indemnity

The Company agrees to hold harmless and indemnify Songkick and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to the Company’s or its users. use of the Songkick API or Songkick Data, violation of these API Terms or other actions connected with use of Songkick Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Songkick will provide the Company with written notice of such claim, suit or action.

7. NO WARRANTIES

THE SERVICES, MATERIALS, AND DATA ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY AGREES THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SERVICE, IS AT THE COMPANY’S SOLE RISK. SONGKICK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. SONGKICK DOES NOT REPRESENT OR WARRANT THAT THE SONGKICK DATA IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SONGKICK IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

8. LIABILITY LIMITATION

IN NO EVENT SHALL SONGKICK, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SONGKICK API OR SONGKICK DATA OR SERVICES. SONGKICK ACCEPTS THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO THE COMPANY IN SOME INSTANCES OR AT ALL.

9. Intellectual Property and Songkick Trademarks and Service Marks

The Songkick API, Songkick Data, and Songkick trademarks and service marks are the property of Songkick and subject to the intellectual property rights of Songkick and its licensors. Copyright © 2010 Songkick. All Rights Reserved.

10. Modification

Songkick may change, add to or delete these API Terms or any portion thereof from time to time at its sole discretion.

11. Termination

Songkick may change, suspend or discontinue the Songkick API and suspend or terminate your license to use the Songkick API, Songkick Data, and/or Songkick Trademarks and Service Marks at any time for any reason, without notice, and to block or prevent future access to and use of the Songkick API. You may also terminate by ceasing to use the Songkick API, Songkick Data, and Songkick Trademarks and Service Marks, removing implementation of the Songkick API from its Website, and deleting all copies of the Songkick Data and Songkick Trademarks and Service Marks.

12. Choice Of Law, Waiver, and Claims

These API Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Songkick’s failure to exercise or enforce any right or provision of these API Terms will not be deemed to be a waiver of such right or provision. If any provision of these API Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these API Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. General

You represent that you have the authority to be bound by these API Terms. You agree not to export from anywhere any part of the Songkick API, Songkick Data, or Songkick Trademarks and Service Marks provided to it or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If any part of these API Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms will continue in effect. The section titles in these API Terms are solely used for the convenience of the parties and have no legal or contractual significance. Songkick may assign these API Terms, in whole or in part, at any time with or without notice to you. Songkick.s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms constitute the entire agreement between you and Songkick with respect to the Songkick API and supersede all prior or contemporaneous communications of any kind between us with respect to the Songkick API, Songkick Data, or Songkick Trademarks and Service Marks.

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