Last modified on: 29th April 2013
These Terms are divided into five sections:
Separate terms and conditions apply to the use of the Songkick APIs, which can be accessed via the following link: http://www.songkick.com/developer/api-terms-of-use.
Songkick.com Limited is registered in the United Kingdom with company number 06265278 and with its registered office at 12-18 Hoxton Street, Third floor, London, N1 6NG. VAT Number: 917418907.
Certain services or features of the Service, such as ticket sales, the Detour service and community forums, may be subject to additional terms and conditions promulgated by Songkick from time to time; your use of such features is also subject to those additional terms and conditions.
Higher age restrictions may apply for specific services offered by Songkick (such as ticket sales) as notified to you by Songkick.
There are two ways you may be able to create a Songkick Account:
Where you create an account directly on the Songkick Website, you will be asked to select a password and screen name (“Songkick Username”). You shall not (i) select or use as a Songkick Username a name of another person with the intent to impersonate that person; (ii) use as a Songkick Username a name subject to any rights of a person other than you without appropriate authorisation; or (iii) use as a Songkick Username a name that is otherwise offensive, vulgar or obscene. Songkick reserves the right to refuse registration of, or cancel, a Songkick Username in its sole discretion.
You should use a different password for your Songkick Account to those that you use for your accounts with other online services.
We may also allow you to create a Songkick Account by logging in to your account for a third party social network or ID service (such as Facebook, Google or Open ID).
You are solely responsible for activity that occurs on your Songkick and social media / ID service accounts and shall be responsible for maintaining the confidentiality of your account passwords. You shall never use another user’s account without such other user’s express permission. You will immediately notify Songkick in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
If you wish to terminate your Songkick Account, you may do so by following the instructions in the Account Settings section of the Website. When you terminate your Songkick Account, we will delete your account information within 60 days, with the exception of your username (which we retain in order to avoid re-use), your profile image, and any events, images, or videos that you have previously added to Songkick, all of which will continue to be publicly attributed to your username. You may contact email@example.com to request that the retained data be deleted, which Songkick may do at its discretion.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any content on or through the Service, that:
You shall abide by all applicable local, state, national and international laws and regulations.
You shall not: (i) take any action that imposes or may impose (as determined by Songkick in its sole discretion) an unreasonable or disproportionately large load on Songkick’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Songkick may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
Advertisements, advice, suggestions, videos, audio clips, written forum comments, messages, information, data, text, photographs, software, scripts, images, graphics and other content (“Content”) may be accessible on or through the Service. Content specifically provided by Songkick or its partners may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you: (i) without the consent of the respective owners or other valid right and (ii) in any way that violates any third party right.
You may, to the extent the Website expressly authorizes you to do so, download or copy Content (other than our Tourbox widget), and other items displayed on the Website for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content.
You may, to the extent the Website expressly authorizes you to do so, download our Tourbox widget (which is provided free of charge) and use it for your own commercial use solely to the extent necessary for you to claim an artists’ page and upload tour dates for that artist. We do not guarantee that the Tourbox widget will distribute your tour dates to third parties. We do not accept any responsibility for the integrity of any data which you upload to the Website using the Tourbox widget. The Tourbox widget may have minimum system requirements for it to operate correctly. It is your responsibility to ensure that your system meets any such minimum requirements. To the fullest extent permitted by law, we do not accept any responsibility for your use of the Tourbox widget or its impact on your or any other website or online platform.
You shall not store any significant portion of the Songkick Website in any form. Copying or storing of any Content for other than for personal, non-commercial use is expressly prohibited without prior written permission from Songkick or from the copyright holder identified in such Content’s copyright notice.
Please be aware that the Website or other features of the Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.Copyright and Trademark Notices
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post Content to the Services (the “User Submissions”). When you do so, the following apply:
You grant Songkick a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable licence to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit (“Use”) the User Submissions in connection with the Website, the Service and Songkick’s (and its successors and assigns) business, including without limitation for promoting and redistributing part of the Website (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You understand that under this licence Songkick shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you.
This license to Songkick does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing.
You represent and warrant (and will promptly demonstrate to Songkick’s satisfaction upon request): (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Songkick (including without limitation, publishing content on or at the Website) will not infringe or violate the rights of any third party, including without limitation any intellectual property, privacy, publicity, contract or other rights of any person or entity; (b) that you have the permission to Use the name and likeness of each identifiable individual person and to Use such individual’s identifying or personal information, such as his or her username(s), on the Service; and (c) that you are authorized to grant all of above licences to your User Submissions to Songkick and all users of the Service.
You agree to pay all royalties and other amounts owed to any person or entity due to User Submissions that you post to the Service or third party sites via your Songkick Account.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website or another feature of the Service. When you access third party websites, you do so at your own risk. These other websites are not under Songkick’s control, and you acknowledge that Songkick is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Songkick or any association with its operators. You further acknowledge and agree that Songkick shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Through your Songkick Account you may be able to access, link to and display Content on or from your Songkick Account and your accounts or profiles with third party sites. The Service may allow you to specify the Content that will be accessed, linked to and displayed on or through your Songkick Account. You represent, warrant and agree that with respect to Content that you make available on third party sites you will in all cases comply with all applicable third party terms of services and any other obligations you may have with respect to that third party site.
The Service and Content provided by or through the Service is for entertainment purposes only, and should not be relied upon. Songkick makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content or the Service. You should independently verify all Content and other information that you access through the Service. Your use of or reliance on any Content is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Songkick has no control over and no duty to take any action regarding:
Songkick does not endorse and has no control over any User Submission. All information publicly posted or privately transmitted through the Website or otherwise through the Service is the sole responsibility of the person from which such content originated and that Songkick will not be liable for any errors or omissions in any User Submissions. Songkick cannot guarantee the identity of any other users with whom you may interact in the course of using the Service or the authenticity of any data which users may provide about themselves.
Songkick may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Songkick Account (including Content you have uploaded to the Songkick Website). Songkick may change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you an email. Songkick may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. However, these provisions do not limit your statutory rights.
To the fullest extent permitted by applicable law, the Service and any Content is provided “as is” and “as available” without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, satisfactory quality and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Songkick, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any Content available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service and/or Content will meet your requirements. Your use of the Service is solely at your own risk.
Except as expressly stated herein and to the fullest extent permitted by applicable law in no event shall Songkick, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (including, without limitation, any Content):
Nothing in these Terms excludes or limits the liability of Songkick and its directors, employees, agents, partners, suppliers or content providers for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or (iv) any other matter in respect of which it is not permissible by law to exclude or limit liability.
Accessing the Service is prohibited from territories where the Service or any Content is illegal; you are responsible for compliance with local laws.
These Songkicker Terms apply to the installation of the Songkicker media player plugin software. They form part of, are in addition to and incorporate the Songkick Terms.
These Terms of Sale apply to tickets purchased through the Songkick Website. They form part of, are in addition to and incorporate the Songkick Terms. In these Terms of Sale, “we” or “us” refers to Songkick.com Limited.
By purchasing a ticket through our website you warrant that you (i) are at least 16 years old (and in any event the minimum age to attend the relevant event); (ii) are capable of entering legally binding contracts; and (iii) are agreeing to be bound by the Terms including without limitation these Terms of Sale. If you do not accept these Terms of Sale you must not purchase any tickets from Songkick.
These Terms of Sale do not apply to the purchase of tickets via third party ticket vendors that are linked to from our Service. Please refer to that vendor’s terms and conditions.
By clicking on “Place my order” (or other such wording as we may subsequently use), you are placing an order to purchase event tickets through the Songkick Website. Please check your selection carefully before clicking “Place my order”.
All orders are subject to acceptance by us. When we accept your order, we do so on behalf of the event promoter or ticket seller who is providing those tickets. Your contract for the purchase of those tickets is with that event promoter or ticket seller and although we agree to provide our ticket selling services to you via the Songkick Website we are acting as the agent of the event promoter or ticket seller. Once your order has been accepted by us on the event promoter or ticket seller’s behalf our payment processor will charge your debit/credit card with the face value of the ticket, plus a booking fee (which is inclusive of VAT) (Note, we charge VAT on the booking fee and not on the face value of the ticket). Acceptance of your order on the event promoter or ticket seller’s behalf shall be deemed to have occurred, and a contract formed for the purchase of your tickets, when your payment has been cleared and a notice of confirmation has appeared on the purchase page of the Website.
In the event that we make an error in pricing tickets on our website, we reserve right to cancel your purchase and offer you the opportunity to purchase the tickets again at the correct price. If you choose to purchase the tickets at the correct price our payment provider will charge your debit/credit card with the difference between the incorrect value and the price you paid when originally booking. If you choose not to purchase the tickets at the correct price, we will refund you the full price you paid when originally booking.
Tickets will normally be delivered to you as paper tickets or as electronic tickets depending on the format in which they are provided to us by the event organiser/promoter and depending on how you have selected to receive them when placing your order. Please note that we reserve the right to make tickets available to you in any format (for example by text message), but we will inform you of this before you make your purchase.
If you have elected to receive your ticket electronically your email confirmation is your ticket and you should bring this to the event as it may be checked (e.g. by barcode or other relevant details).
The ticket is your responsibility from the time of delivery, which shall be receipt of the email confirmation in the case of electronic tickets or on delivery to your designated address in the case of paper tickets. Songkick accepts no responsibility if you delete your confirmation email or if your printed email confirmation or paper ticket is lost or stolen prior to the event after they have been delivered to you. If a replacement ticket is offered (or the event has to confirm your purchase with us due to a lost or stolen ticket), we reserve the right to charge a reasonable replacement fee to cover administration costs.
Paper tickets will either be delivered to your designated address no later than 5 days prior to the event or will be made available for collection from the box office at the event venue. You may be able to specify which option you would prefer when placing your order but we reserve the right to require you to collect your tickets from the box office if there isn’t enough time prior to the event to send them to your designated address. If you elect to receive paper tickets you may have to pay a delivery charge which will be indicated to you on the booking page of the website prior to you placing your order. If you need to change your designated address after you have placed your order please contact us as soon as possible. We cannot be held responsible if tickets have already been dispatched to the designated address already provided.
It is your responsibility to check your tickets for any errors or omissions after they have been delivered to you. Please report any issues to us as soon as possible. A failure to report a problem with your tickets reasonably promptly and in any case in good time prior to the event may result in you not being able to claim a refund even if the error or omission was initially our fault.
Your ticket is a personal revocable licence which remains the property of the event organiser/promoter. It may be withdrawn and admission refused at any time upon refunding the purchase price to the holder of the account used to pay for the ticket (including where Songkick reasonably considers the ticket purchase to be fraudulent). If you attempt to unlawfully resell/purchase, or resell/purchase a ticket, it may be withdrawn and admission refused without refund or other compensation.
Once we have accepted your ticket purchase you will not have a right to cancel your ticket purchase or obtain a refund except in accordance with this section 2.5.
Where an event is cancelled or rescheduled, if the headline artist does not appear, or if (as determined by Songkick acting reasonably) the details of the event have changed to a significantly material extent, the holder of the account used to pay for the ticket shall be entitled to a refund of the face value of the ticket plus the booking fee (or a partial refund in the event that only part of the event is cancelled) but not for any delivery charge if paper tickets have already been dispatched. If you wish to exercise this right, you can send an email to firstname.lastname@example.org (or by replying to your confirmation email) with the word ‘refund’ and your confirmation code in the subject heading or via such other process that we may reasonably require. Unless indicated otherwise, if an event is rescheduled the holder of the account used to pay for the ticket will be offered a place at the rescheduled event. If they cannot make the rescheduled date a refund will be provided as above.
The holder of the account used to pay for the ticket shall also be entitled to a refund of the face value of the ticket plus the booking fee and any delivery charges if you do not receive the correct tickets due to a fault or breach of contract by us and we are not able to provide any replacement tickets to enable you to attend the event.
It is the ticket holder’s responsibility to ascertain whether an event has been cancelled or rescheduled. If we are aware that an event is cancelled or rescheduled, we will attempt to notify ticket holders but we do not guarantee that ticket holders will be informed of cancellation in good time before the event.
Tickets to events purchased through Songkick are issued subject to the terms and conditions of the event organiser/promoter and/or venue. Full details are available on the event website or at the venue box office. These terms and conditions may include:
Tickets may be withdrawn and you may be ejected from or refused entry to the event by the event organiser/promoter and/or venue where their terms and conditions are not complied with or you engage in any unacceptable behaviour likely to cause damage, nuisance or injury or you arrive late.
Ticket holders consent to filming and sound recording as members of the audience at the event.
You must not use your ticket for or in combination with any advertising, promotions, contests, sweepstakes, merchandise or service (including accommodation, travel and hospitality services) or otherwise use the ticket for profit or commercial gain without the written permission of the event organiser / promoter.
If we fail to comply with these Terms of Sale in connection with your purchase of tickets from the event promoter or ticket seller through our Website, we may be liable to you for the purchase price of the tickets. Liability for expenses incurred in connection with your planned attendance at an event (such as accommodation or transport costs) and any loss of enjoyment is expressly excluded. Songkick and the event organiser / promoter accepts no responsibility for loss or damage of personal property during your attendance at an event.
Nothing in these Terms of Sale excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or (iv) any other matter in respect of which it is not permissible by law to exclude or limit liability. Nothing in these terms and conditions affects your statutory rights.
The Terms (including these Terms of Sale) shall be governed by the laws of the England and Wales unless prohibited by applicable consumer law (in which case this agreement shall be governed by the laws of the jurisdiction where you live). These Terms (including these Terms of Sale) shall be subject to the exclusive jurisdiction of the Courts of England and Wales, unless prohibited by applicable consumer law (in which case this agreement shall be subject to the exclusive jurisdiction of the courts in the jurisdiction where you live).
These Detour Terms apply to the placing of pledges for tickets for a Detour campaign for an artist to perform at an event in a metro area, via the Detour Service. They form part of, are in addition to and incorporate the Songkick Terms.
When you pledge for tickets for a Detour campaign for an artist to perform at an event in a metro area, you are offering to purchase the number of tickets pledged at a single event at or below the ticket price pledged.
When you save your pledge you will be asked to enter your credit/debit card details. Our payment processor will verify your payment details but will not take any money.
If you have pledged for tickets for a Detour that is confirmed;
If Songkick chooses (at its sole discretion) to accept your pledge, then the number of tickets pledged will be automatically purchased for you at the ticket price of the confirmed Detour and our payment processor will charge your debit/credit card accordingly. Songkick will endeavour to notify you via email before payment is taken. You will then be sent a confirmation email for your ticket. The taking of payment and sending of the confirmation email constitutes acceptance by Songkick of your offer made when you gave your pledge and formation of a binding contract. The purchase occurs subject to our Terms of Sale (save as otherwise provided in these Detour Terms).
If your payment is not authorised by the payment processor, for whatever reason, we may email you asking if you would still like a ticket and, if so, request that you re-enter your payment details.
Your pledge will not be converted into tickets and no money will be taken, but you may be informed that the relevant artist is going to perform at an event and you may then be offered the option to purchase a ticket at the full ticket price (and if such tickets are made available to via the Songkick Website, our Terms of Sale will apply).
If you pledge for tickets for a Detour campaign that is not confirmed, no money will be taken. Your pledge will remain valid until you or we withdraw it.
You may retract your pledge at any time prior to the respective Detour being confirmed by email to you from Songkick.
Songkick reserves the right to remove any pledges without reason or notice at any time.
If for whatever reason you no longer want the tickets you have pledged for after they have been automatically purchased for you, you will have seven days to cancel your ticket from the date on which you received your email confirmation of your ticket.
After the expiry of that seven day period, tickets will only be eligible for a refund in accordance with our Terms of Sale.
Songkick does not offer any guarantee that a Detour for which you have pledged will be confirmed.
As the venue capacity is unknown until the event is organised, only a limited number of tickets may be available for an event and this may be less that the number of tickets pledged. Songkick cannot guarantee that, if a Detour is confirmed, your pledge will be accepted or that you will be offered tickets to that event.
Songkick shall not be liable for any damages or loss incurred related to the making of a pledge or any other use of the Detour Service.
Nothing in these Detour Terms excludes or limits the liability of Songkick and its directors, employees, agents, partners, suppliers or content providers for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or (iv) any other matter in respect of which it is not permissible by law to exclude or limit liability. Nothing in these terms and conditions affects your statutory rights.
The Terms (including these Detour Terms) shall be governed by the laws of the England and Wales unless prohibited by applicable consumer law (in which case this agreement shall be governed by the laws of the jurisdiction where you live). These Terms (including these Detour Terms) shall be subject to the exclusive jurisdiction of the Courts of England and Wales, unless prohibited by applicable consumer law (in which case this agreement shall be subject to the exclusive jurisdiction of the courts in the jurisdiction where you live).
Songkick has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (in the United States) and other equivalent laws in other jurisdictions. The address of Songkick’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is Songkick’s policy to: (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If you believe that Content residing on or accessible through the Songkick Website or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
It is Songkick’s policy:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Songkick may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Songkick’s discretion.
Please contact Songkick’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement: David Anderson, Operations Director, contactable by email to email@example.com, or by post to Songkick.com, Inc. c/o 12-18 Hoxton Street, Third Floor, London N1 6NG, UK.