Last Updated: February 25, 2019
2. Bandsintown API app IDs; Registration Information. In order to access and use the Bandsintown APIs, you must obtain one or more unique application IDs from Bandsintown (collectively, the “Bandsintown API app IDs”). Your Bandsintown API app IDs are personal to you. You shall not sell, transfer, sublicense, disclose or otherwise allow any other person or entity to use your Bandsintown API app IDs to access and use the Bandsintown APIs and/or Bandsintown Content under any circumstances. You are solely responsible for maintaining the strict confidentiality of your Bandsintown API app IDs and for any damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Bandsintown API app IDs, your disclosure of your Bandsintown API app IDs, or your authorization to allow another person or entity to access and use any Bandsintown APIs or Bandsintown Content using your Bandsintown API app IDs. You shall immediately notify us if you become aware of any unauthorized use of your Bandsintown API app IDs or other need to deactivate any Bandsintown API app ID due to security concerns. Additionally, you may be required to provide us with certain information including, without limitation, your name or your company’s name, address, email address, the name and/or URL of Your Website(s) on which you intend to implement the Bandsintown APIs and/or display the Bandsintown Content (collectively, your “Profile Information”). You represent, warrant and covenant that any and all Profile Information and any other information or data you provide to us, is and shall be true, accurate and complete when given to us, that in providing such information to us you shall not knowingly omit or misrepresent any material facts or information, and that you shall promptly enter corrected or updated Profile Information, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Profile Information as required for your use and access to the Bandsintown APIs and Bandsintown Content, as applicable.
3. PERMITTED USE OF BANDSINTOWN DATA APPLICATIONS AND BANDSINTOWN CONTENT.
a. Bandsintown APIs License Grant. Subject to the terms and conditions contained herein, Bandsintown grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to use the Bandsintown APIs to display Bandsintown Content on Your Websites. All calls sent to the Bandsintown APIs requesting Bandsintown Content must incorporate your applicable Bandsintown API app ID.
b. Bandsintown Widgets License Grant. Subject to the terms and conditions contained herein, Bandsintown grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to display the Bandsintown Widgets on Your Websites. For the avoidance of doubt, you may not make any Bandsintown Widgets available on any third party website or webpage not controlled by you.
c. No Modification; No Rights of Transfer or Redistribution; Duty Not To Interfere. You shall not (or permit or facilitate any of the end users of Your Website(s) to) modify, enhance, edit, translate, adapt, copy, reverse engineer, decompile, disassemble, create derivative works based upon, extract source code from, or otherwise alter the Bandsintown Data Applications and/or the Bandsintown Content in any manner unless specifically approved by Bandsintown. You shall not sublicense, transfer, convey or assign to any third party any of the rights granted to you herein or otherwise use, market, promote, display, re-distribute or re-transmit the Bandsintown Content in connection with or via any software applications, systems, platforms or services other than the Bandsintown Data Applications via Your Website(s) as specifically permitted herein unless specifically approved by Bandsintown. You shall not (or permit or facilitate any of the end users of Your Website(s) to) (i) interfere with, impair or otherwise adversely affect, directly or indirectly, the operation of the Services, Bandsintown Data Applications and/or the display or distribution of the Bandsintown Content or (ii) use the Bandsintown Data Applications or Bandsintown Content in any manner that does or could potentially undermine the security or performance of the Services.
f. Bandsintown API Usage Quotas. Bandsintown may, in its sole discretion, and without notice, monitor and restrict your use of the Bandsintown APIs at any time for any reason, including, without limitation, limiting the number of calls you may make from Your Website(s) to the Bandsintown APIs and/or the volume of Bandsintown Content that may be accessed. Bandsintown may use technical measures to prevent over-usage or stop usage of the Bandsintown APIs. Without limiting the generality of the foregoing, you may not use the Bandsintown APIs in any manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to conform or is inconsistent with the Specifications, all as determined by Bandsintown in its sole discretion. You shall not attempt to aggregate use of the Bandsintown APIs or representation of multiple Bandsintown API app IDs, if applicable, for the purpose of circumventing any such usage quotas.
g. Other Restrictions. You shall not use, display, integrate, embed or otherwise make available the Bandsintown Content on any web pages that contain content that competes with or otherwise adversely affects the Services, Bandsintown or its affiliates and/or any of their respective brands, businesses, reputation or goodwill, as determined by Bandsintown in its sole discretion. Any use of the Bandsintown Data Applications and/or Bandsintown Content that (i) is competitive to or inconsistent with Bandsintown's own services or products, including the Services, (ii) aggregates, in any way, any Bandsintown Content with third party content (without distinction) or (iii) fails to attribute the Bandsintown Content appropriately to Bandsintown is expressly prohibited. In addition to the foregoing, you agree to comply with the following restrictions if you use Bandsintown Widgets:
i. You shall display the Bandsintown Widgets in the form made available by Bandsintown, without alteration, and in accordance with the requirements set forth in the Specifications.
ii. You shall not obfuscate the Bandsintown Widgets in any way, whether by banner advertisements or by any other means, or alter the form or format of the Bandsintown Widgets from that made available by Bandsintown.
iv. You are responsible for use of Bandsintown Widgets, and for all licensing, reporting, and payment obligations to third parties required in connection with content on or within Your Website other than content within the Bandsintown Widgets.
v. The Bandsintown Widgets may not be used for commercial purposes. This restriction does not prohibit you from embedding the Bandsintown Widgets on Your Websites that contain advertising.
vi. You may not use a Bandsintown Widget to locally cache any Bandsintown Content.
i. Non-Exclusive. You acknowledge and agree that Bandsintown may develop products or services that may compete with Your Website(s) or any other products or services owned or controlled by you or any third party.
j. No Technical Support. You acknowledge and agree that Bandsintown has no obligation to provide any software upgrades, enhancements, modifications or technical support services to you in connection with your access to and/or use of the Bandsintown Data Applications or Bandsintown Content. You are solely responsible for providing end user support and any other technical assistance to your end users.
k. Fees. Bandsintown reserves the right at any time to impose a fee for your access to and/or use of the Bandsintown Data Applications, in Bandsintown’s sole discretion.
l. Commercial Use Restrictions. Unless you receive Bandsintown’s written approval, commercial uses are not permitted for the Bandsintown Data Applications. Such prohibited commercial uses include, but are not limited to: (i) the sale, whether integrated or as a standalone product, of the Bandsintown Data Applications or Bandsintown Content, or sale of access to any of the foregoing; or (ii) the sale of advertising, sponsorships, or promotions on the Bandsintown Data Applications or Bandsintown Content.
6. NO REPRESENTATIONS OR WARRANTIES. THE BANDSINTOWN MATERIALS ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE BANDSINTOWN MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BANDSINTOWN DOES NOT WARRANT THAT THE BANDSINTOWN MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO AND USE OR OPERATION OF THE SAME SHALL BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, TIMELY UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. RELEASE AND WAIVER. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Bandsintown, its parents, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, sponsors, business and promotional partners, operational service providers, suppliers and contractors from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your access to and use of the Bandsintown Materials. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits that you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
10. TERMINATION. Bandsintown may change, suspend, or discontinue all or any aspect of the Services, and/or the Bandsintown Materials, including the availability thereof, and/or take down, remove, suspend or cease transmission of the Bandsintown Materials (or any component thereof). Bandsintown may terminate your access to and use of the Bandsintown Materials (or any component thereof) at any time and for any reason, without notice or liability of kind, and, upon notification of such termination, you shall immediately discontinue all use of and remove all Bandsintown Materials from Your Websites, and delete all Bandsintown Content (including, without limitation, any cached Bandsintown Content).
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