Songkick Terms of Use Agreement

This Terms of Use Agreement (the "Agreement") relates to your use of and access to the website Songkick.com and the Songkicker Software (together the "Service").

The Service is provided by Songkick.com, Inc. a company registered in Delaware and doing business as Songkick ("Songkick").

Both 'Visitors' (browsers of the Songkick.com website without registering for an account) and 'Members' (registrants of the Service, whether or not the Songkicker is downloaded) are "Users" under this Agreement.

As a User you:

i. agree to be bound by this Agreement;

ii. represent and warrant that you are authorized to bind yourself or any entity on whose behalf you enter into the Agreement; and

iii. represent and warrant that any such entity agrees to be bound by this Agreement.

1. General

By using the Service, you are affirming that:

i. under all applicable laws you have the right and authority to enter into this Agreement and receive the Service;

ii. you are 13 years old or older; and

iii. all information provided by you to Songkick is accurate, valid, current and complete.

2. Additional Terms and Modification of Terms

i. To use the Service, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into this Agreement.

ii. The Service may integrate with other services provided by third parties. If you access or use the Service through a third party website or other interface, or use a software or other product in connection with the Service, you may be subject to additional terms and conditions.

iii. Songkick may modify this Agreement from time to time, and you agree that such modification shall be effective upon posting on Songkick.com. You will be bound to any changes when you use the Service after such modification is posted, so please review this Agreement on Songkick.com regularly to ensure you are updated regarding changes. If the modification constitutes a material change, we may at our sole discretion notify you specifically by email. Your sole remedy should you not agree with the altered Agreement shall be to close your account and cease use of the Service.

3. Your Conduct and Activities

i. You agree that: your account is for your sole, personal use (or the entity on whose behalf you are entering into this Agreement); you will not authorize others to make any use of any kind of your account or profile; you will not make any use (of any kind) of the Service, this site, or its contents for any commercial purposes, nor will you authorize others to do so.

ii. You agree to keep your password secure and confidential and not to disclose it to anyone and will not permit any third party to access your account. You agree to notify Songkick immediately of any actual or suspected unauthorized use of your password or account or other breach of security.

iii. You agree that you will not engage in any illegal or prohibited conduct on or through the Service, including but not limited to the following: harassment, impersonation of other Users, criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets, violation of export control laws or any other use of the Service in a manner inconsistent with any and all applicable local, state, national and international laws and regulations.

iv. International Users must comply with all local laws regarding online conduct and acceptable content.

v. You agree not to: create, upload, post, e-mail, transmit, submit or otherwise make available unsolicited commercial messages to any Users except in areas explicitly designated for such purpose; engage in advertising to, or solicitation of, any User to buy or sell any products or services; use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.

vi. You agree not to: make any automated use of the Service, (such as through scripts, data mining, robots, screen-scraping, or similar data gathering and extraction tools); make available any material that contains software viruses, worms, any other code, files or programs of a destructive nature (or designed to interrupt, destroy or limit the functionality of the Service or user software or hardware); interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service; or act in a manner that negatively affects the ability of other Users to use the Service.

vii. You agree not to engage in any conduct or statement which states or implies any false association between Songkick or its Service and yourself or another entity.

viii. Publicly accessible information made available by Users may not include their telephone number, street address or last name.

ix. You agree to maintain and promptly update your account information to keep it accurate, current and complete, especially your email address so we can get in touch with you about changes to this Agreement.

x. With respect to the Service, you are fully and solely responsible for any activity that occurs under your screen name, password or account, including any violation of this Agreement.

xi. Songkick reserves the right to investigate and take appropriate action against anyone who, in Songkick's sole discretion, violates or is alleged to have violated this Agreement. Songkick's action may include, without limitation, reporting you to law enforcement authorities, terminating your account, and removing contentious content until a bona fide resolution has been reached.

xii. Despite the above-stated prohibitions on inappropriate conduct and content, information provided by Users and conduct of Users may violate some or all of the foregoing prohibitions. Songkick does not endorse and has no control over the conduct of its Users. User conduct is not necessarily reviewed by Songkick and does not necessarily reflect the opinions or policies of Songkick. Songkick assumes no responsibility or liability for this conduct and makes no warranties, express or implied, as to User conduct. Songkick assumes no responsibility for monitoring the Service for inappropriate conduct. If at any time Songkick chooses, in its sole discretion, to monitor the Service, Songkick nonetheless assumes no responsibility for the conduct any User.

xiii. If you become aware of misuse of the Service by any person please contact Songkick by email.

4. Proprietary Rights in Songkick's and Third-Party Content and Technology

i. The Service contains content and technology of Songkick. The compilation of content comprising the Service and Songkick.com is the exclusive property of Songkick and protected by U.K., U.S. and international copyright laws. All software used on this site is the property of Songkick or its software licensors and is protected by U.K., U.S. and international copyright laws.

ii. Any content created using the Service shall be owned by Songkick.

iii. You acknowledge that the Service contains copyrighted material, trademarks, and other proprietary information of Songkick and its licensors and you agree that except for the limited license granted hereunder, all right, title and interest to the Service and the contents therein remains with Songkick or third parties.

iv. You agree not to translate, reverse engineer, decompile, disassemble, modify or create derivative works based on any of the software constituting or provided through the Service. You agree not to circumvent any technology used by Songkick or its licensors to protect content accessible via the Service.

v. Songkick, Songkick.com, the Songkicker, and other trademarks and servicemarks notified from time to time on Songkick.com are the property of Songkick ("the Marks"). Without prior permission from Songkick, you agree not to display or use the Marks in any manner.

vi. From time to time, one or more patents may apply to the Service. You agree that all rights, title and interest to such patents remain with Songkick.

vii. Subject to the terms and conditions hereof, Songkick hereby grants you a limited, revocable, non-sublicensable license to display the Songkick content (excluding any software code) for your personal use in connection with viewing the Service. No other rights are granted to Users in Songkick content other than those rights granted explicitly herein. You agree to comply with any distribution controls and terms applicable to content made available through the Service, and with all other restrictions on copying and distribution of content stated in this Agreement.

viii. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on Songkick.com in a way that constitutes copyright infringement, please provide us with details by email.

5. Privacy Policy

You are aware of our Privacy Policy (located here). Use of the Service is governed by the Privacy Policy, which is incorporated into this Agreement by this reference. In the event of an inconsistency between this Agreement and the Privacy Policy, this Agreement shall control.

6. Service Terms

Songkick reserves the right, but has no obligation, to take any of the following actions in its sole discretion at any time and for any reason, and you agree that we will not be liable to you or any third party for taking any of these actions:

i. Songkick reserves the right, in its sole discretion, to reject, refuse to post or remove any content by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.

ii. You acknowledge that Songkick reserves the right to charge for the Service and to change its fees from time to time.

iii. Songkick may change, suspend, or discontinue all or any part of the Service at any time, with or without reason. You acknowledge that the operation of our site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Songkick shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Service. Songkick has no obligation to continue producing or releasing new versions of the Service or any associated software and/or content.

iv. Songkick may restrict, suspend, or terminate your access to all or any part of the Service, deactivate your account, or delete your account and all related information and files in your account. You acknowledge, consent and agree that Songkick may access, preserve, disclose or delete your account information if required to do so by law or in a good faith belief that such act is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of Songkick, its users and the public. After a period of inactivity, Songkick reserves the right to disable or terminate a User's account. If an account has been deactivated for inactivity, the name associated with that account may be given to another User without notice to you or such other party.

v. You recognize that the Songkick.com website and the Songkicker may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software 'bugs' still being actively fixed by Songkick's engineering team and may have other issues affecting availability and functionality.

7. The Songkicker

If you choose to install the Songkicker, the terms of this Agreement apply to such installation and use. Further, you specifically agree to the following terms and conditions:

i. You are specifically aware of and agree to the terms of our Privacy Policy concerning the Songkicker.

ii. If you choose to install the Songkicker, you understand that it operates as follows:

- the Songkicker will be sending your music listening data (including a list of all songs and playlists in your digital music library) to the Songkick servers. When you create a user account on Songkick.com, and go on to install the Songkicker, you opt-in to use Songkick's concert-matching technology, which relies on data we collect about your listening habits to make assumptions about the concerts you would like to be recommended;

- this data will be saved by Songkick in our databases;

- the Songkicker is designed to automatically self-update itself (without asking permission from you). You specifically agree that Songkick may automatically update and install new software upgrades for the Songkicker, without any action by you.

iii. The Songkicker is a proprietary piece of software owned by Songkick. All rights reserved. You agree that the Songkicker Software is the property of Songkick. You agree that any reproduction or copying, publication or distribution of the Songkicker Software, in whole or in part, is strictly prohibited. You agree not to translate, reverse engineer, decompile, disassemble, or otherwise reduce the Songkicker Software to a human-perceivable form. You agree not to modify or create derivative works based on the Songkicker Software. You agree not to circumvent any technology used to protect the Songkicker Software.

iv. You agree that all disclaimers and limitations of liability set forth in this Agreement apply to your download or use of the Songkicker Software.

8. Disputes

i. If a matter or dispute arises that is not covered by this Agreement, it will be resolved at Songkick's sole discretion after we've spoken with the affected parties, and within the governing law. If a User disagrees with the resolution, their recourse will be to stop using the Service.

ii. You are solely responsible for your interactions with other Users of the Service. Songkick reserves the right, but has no obligation, to monitor disputes between you and other Users.

9. Term and Termination

i. This Agreement shall become effective upon your acceptance of it by your use of the Service and shall remain in effect until terminated hereunder.

ii. Either you or Songkick may terminate your account at any time, for any reason or no reason, without explanation. You agree that Songkick may, under certain circumstances and without prior notice, immediately terminate your account and your access to the Service. Songkick shall not be liable to you or any third-party for any termination of your account, made in Songkick's sole discretion. In the event of termination by Songkick, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

10. Disclaimers, Warranties and Limitations on Liability

i. Songkick is not responsible for any incorrect or inaccurate content posted on or through the Service or Songkick.com, whether caused by Users or by any of the equipment or programming associated with or utilized in the Service. Songkick is not responsible for the content, accuracy or opinions expressed on websites linked to by Songkick.com, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Songkick. Inclusion of any linked website on or through the Service does not imply approval or endorsement of the linked website by Songkick. When you access these third-party sites, you do so at your own risk. Songkick takes no responsibility for third party advertisements which are posted on or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers. Songkick is not responsible for the conduct, whether online or offline, of any User of the Service. Songkick is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or the Service or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Songkick be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, attendance at a Songkick event, or from the conduct of any Users of the Service, whether online or offline.

ii. You expressly understand and agree that Songkick provides the Service on an "as is" and "as available" basis. Songkick makes no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service or information collected or provided to Users under this Agreement. To the full extent permissible by applicable law, Songkick disclaims all warranties, express, implied, statutory or otherwise, regarding or relating to the Service provided to Users under this Agreement. To the full extent permissible by applicable law, Songkick specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In the event of Songkick's breach of warranty, the sole and exclusive remedy shall be a refund of the amounts paid for the Service by the User.

iii. You expressly understand and agree that in no event shall Songkick be liable for any indirect, incidental, special, consequential or exemplary damages arising out of or relating to the use or inability to use the Service, including, without limitation, damages for loss of profits or goodwill, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Songkick knows or has been advised of the possibility of such damages. Under no circumstances will Songkick's aggregate liability on any form of action whatsoever in connection with this Agreement, exceed the amounts paid by you for your account.

iv. Certain jurisdictions do not allow exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. If these laws apply to you, some of the above limitations may not apply to you.

v. Opinions, advice, statements, offers, information or other Content made available through the Service are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Songkick does not guarantee the accuracy, completeness or usefulness of any information on the service, nor adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Songkick. Under no circumstances will Songkick be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to or by any registered users.

vi. Your correspondence or business dealings with, or participation in promotions of, advertisers and third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that Songkick shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

vii. You agree to indemnify and hold Songkick, its officers, directors, employees, agents and third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your connection to or Use of the Service, including any breach by you of the terms of this Agreement and any claims arising your use of the Service. You specifically indemnify Songkick of any claims that may arise from the inaccuracy of concert listings and ticket availability amongst advertised event ticket vendors, brokers or auction / marketplace providers.

General Provisions

i. Songkick retains all rights and licenses not explicitly granted to Users hereunder.

ii. This Agreement shall be binding upon the parties and their respective successors and permitted assigns.

iii. These Terms, the relationship between you and Songkick, and any dispute involving the Service or this Agreement, shall be governed by (and construed and interpreted in accordance with) the laws of New York, without regard to its conflict of law provisions or your actual state or country of residence. You hereby irrevocably submit to the personal and exclusive jurisdiction and venue of the courts of New York, other than for actions to enforce any order or judgment entered by such courts, in the event of any dispute arising out of or relating to this Agreement.

iv. If any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.

v. Unless otherwise explicitly stated, this Agreement will survive the expiration or deletion your account for any reason. Songkick may assign any or all of its rights hereunder in the event of a merger or acquisition of all or substantially all of the assets to which this Agreement relates.

vi. The parties bear the relationship to each other of independent contractors, and nothing in this Agreement shall be deemed to create a partnership, joint venture, or agency relationship between them, nor shall either party have the power or authority by virtue of this Agreement to bind the other.

vii. This Agreement contains the entire agreement between you and Songkick regarding the use of the Service, and it supersedes all prior and contemporaneous agreements, promises, representations, warranties, and understandings of the parties regarding the same subject matter. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Songkick services, affiliate services, third-party content, or third-party software.

viii. 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 Service or this Agreement that you bring must be brought within one (1) year after such claim or cause of action arose or be forever barred.

ix. Nothing in this Agreement shall confer any rights or benefits to third parties.

x. Although we have attempted to outline above the Agreement on which you may use the Service in straightforward English, please be aware that these terms, if accepted by you, create a binding legal agreement between you and Songkick. If any terms have created uncertainty, or you feel you may be in breach of this Agreement by using the Service, we strongly urge that before accepting this Agreement you print out a copy and review it again, if necessary with your lawyer or an advisor, or other independent qualified guidance. If you have any questions regarding this Agreement, please contact us by email.

BY USING SONGKICK'S SERVICE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.