TERMS OF USE

BANDSINTOWN, LLC


 

Bandsintown, LLC Terms of Use

Last Updated: October 2015

1.      Introduction.

Please read these Terms of Use (“Agreement”) carefully, as it constitutes legally binding terms and conditions and applies to your use of Services, whether you are accessing the Services via a wireless or mobile device, a tablet a personal computer or any other technology or device (each, a “Device”).  If you are entering into this Agreement in connection with our employment, you hereby represent to Bandsintown that your are authorized to and hereby do bind your company/employer to this Agreement.  Any references herein to “you” and “your” will refer to both you and your company/employer, as applicable.  This Agreement shall remain in full force and effect while you use the Services and does not cover other services, websites or content made available by any other company or third party, unless specifically stated.  From time to time, we may modify this Agreement.  We recommend that you check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.  Your use of the Services following the posting or other notification of such changes will signify your agreement to be bound by the changes.

By using the Services you expressly agree to comply with this Agreement and any additional terms and conditions that we provide to you, including in connection with your use of other products and services we may offer or make available to you (“Additional Terms”). The Services may also provide rules of participation for certain activities and services, including contests, sweepstakes and other initiatives (“Rules”).  The Services’ Privacy Policy, the Additional Terms and the Rules are hereby incorporated into this Agreement by reference as though fully set forth herein. Any capitalized terms that are not defined in this Agreement shall have the meaning ascribed in the Privacy Policy, Additional Terms and Rules, as applicable.

2.    Services.

Fans. The Services allow registered users that are fans and/or consumers of live and/or recorded music (“Fans”) to access certain features, functionality, information and services provided by us and/or our affiliates, which may include the ability to access personalized information and content regarding certain artists and bands, such as notifications and recommendations regarding live concerts, performances, events, tickets, audio-visual content and other related products and services.   

Artists and Managers. The Services allow registered users that are bands, artists, managers (and/or their representatives) and booking agents (collectively, “Artists”) to access certain features, functionality, information and services provided by us and/or our affiliates, which may include (a) the ability to promote, market, display, message and make certain information and content available to Fans regarding live concerts, performances, events, tickets, audio-visual content and other related products and services, and (b) analysis, statistics, reports and other information regarding an Artist’s Fan base, social media interaction and marketing, including the number and location of their “trackers”, number and location of people who have RSVP’d to a show, source and volume of ticket clicks and other similar Fan-related information (“Manager/Analytics Services”).

Third Party Platforms. Some of the Services (e.g., the Bandsintown App, etc.) may be dependent on and/or interoperate with third-party owned and/or operated platforms and services (e.g., Apple (iTunes, etc.), Facebook, Twitter, Last.fm, Pandora, etc.) (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access such Services. Such Third Party Platforms may provide us with certain additional information about you, which may include your email address, legal name, country of residence, location, date of birth, music/artist/band and other preferences and usage data, all as more fully described herein and subject to the terms and conditions hereof, including the Privacy Policy.

3.    Eligibility; Compliance.

Use of the Services is limited to users 13 years of age and older.  By using the Services, you represent and warrant that (a) you are 13 years of age or older and (b) your use of the Services does not violate (i) any applicable law, rule or regulation or (ii) any applicable terms, conditions or requirements of any provider of a Third Party Platform. Certain features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a user between the ages of 13 and 18, please review this Agreement with your parent or guardian. Your parent or guardian should agree to this Agreement on your behalf and parental discretion is advised for all users under the age of 18.

4.    User Registration.  

In order to access and use certain content, features and functionality of the Services, whether as a Fan or an Artist, we may require that you (a) register for the applicable Services, whether on the Site, a Third Party Platform or otherwise, including, in some instances, creating and/or providing a username and password combination (“User Credentials”) and (b) provide to us and/or make available (e.g., via Third Party Platform permissions and consents, etc.) certain additional information, which may include your email address, legal name, country of residence, location, date of birth, music/artist/band and other preferences, usage data, and for fee-based transactions and purchases offered by us, your physical address, telephone number(s), applicable payment information (e.g., payment card data, PayPal information, etc.), and other information (collectively, a “User Account”).

You represent and warrant that all registration and account information you submit and/or make available is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered user of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, including any Fee-Based Services (as hereafter defined). You agree to immediately notify Bandsintown of any unauthorized use of your User Credentials or User Account, or any other breach of security. It is your sole responsibility to (a) control the dissemination and use of your User Credentials and User Account, (b) update, maintain and control access to your User Credentials and User Account, and (c) cancel your User Account on the Services. Bandsintown shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 4.

5.    Personal Information.

We respect your privacy and the use and protection of your personally identifiable information. Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Privacy Policy. We encourage you to read the Privacy Policy, and to use it to help make informed decisions regarding the collection, use and disclosure of your personal information. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.

6.    Use of Manager/Analytics Services.

Subject to the terms and conditions contained herein, Bandsintown grants to Artist a non-exclusive, non-transferable, non-sublicensable right and license to use certain information as provided by Bandsintown to Artist through the Manager/Analytics Services, including analytics, statistics, reports and information regarding an Artist’s Fan base, social media interaction and marketing, including live performance attendance, song purchases and other similar Fan or Artist-related information (“Manager/Analytics Services Content”), solely for the limited purpose of  promoting and marketing Artist’s live concerts, performances, events, tickets, audio-visual content and other related products and services.

As between Artist and Bandsintown, Bandsintown owns all right, title and interest in and to the Manager/Analytics Services Content, including, without limitation, all intellectual and proprietary rights appurtenant thereto and except for the limited license granted herein, nothing herein shall be construed to transfer, convey, impair or otherwise adversely affect Bandsintown’s ownership or proprietary rights therein or any other Bandsintown information or materials, tangible or intangible, in any form and in any medium.  Bandsintown reserves all rights not expressly granted herein in and to all of the foregoing.  

Artist shall not display, integrate, embed or otherwise make available the Manager/Analytics Services Content on or through any websites, platforms or applications pages that (a) mirror or replicate any material editorial components, branding, “look and feel”, etc. of the Services, (b) appear, in Bandsintown’s sole discretion, to recreate or duplicate a material portion of any end user experience provided via any of the Services owned or controlled by Bandsintown or its affiliates or (c) contain content that competes with or otherwise adversely affects Bandsintown or its affiliates and/or any of their respective brands, businesses, reputation or goodwill, as determined by Bandsintown in its sole discretion.  

Artist acknowledges and agrees that it will not disclose the Manager/Analytics Services Content to any competitors of Bandsintown or its affiliates, or use the Manager/Analytics Services Content for purposes which are competitive with, directly or indirectly, Bandsintown or its affiliates.  Additionally, Artist also acknowledges and agrees that Bandsintown may develop products or services that may compete with its website(s), businesses or any other products or services owned or controlled by Artist or any third party.

Artist acknowledges and agrees that Bandsintown has no obligation to provide any technical support services in connection with the access to and/or use of the Manager/Analytics Services and/or Manager/Analytics Services Content.  Bandsintown reserves the right at any time to impose a fee for Artist’s access to and/or use of the Manager/Analytics Services in Bandsintown’s sole discretion.

7.    Proprietary Rights.  

We require users to respect our copyrights, trademarks, and other intellectual property rights, and likewise respect the intellectual property of others.  Content contained and/or made available through the Services (excluding User Postings, as defined below), including all Manager/Analytics Content, audio/visual content, artwork, photographs, graphics, logos, trademarks, copy, text, computer code, software, music (including the musical compositions therein), information, materials and/or other intellectual property and/or proprietary rights therein (“Content”), may be owned, controlled and/or licensed by Bandsintown, Artists or other third parties.  The Content may be protected by copyright, trademark and other applicable proprietary rights laws, including under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. You must not alter, delete or conceal any copyright, trademark, service mark or other notices, including any notices of attribution, contained on or incorporated in the Services, including notices on any Content you transmit, download, display, print, stream or reproduce from the Services.

Except as permitted in connection with the Manager/Analytics Services, all other Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use and for no other purposes.  You shall not, nor shall you allow any third party to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including on or via a third party website or platform), or otherwise use, any Content (a) without the express, prior written consent of the respective owners, or (b) in any way that violates the rights of any third party. If you believe that the Services contain elements that infringe your copyrights in your work, please follow the procedures set forth in Section 10 below.

8.    User Conduct.  

You are solely responsible for your conduct in connection with the Services. We want to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is expressly prohibited. You agree that, while using the Services, you shall not:

  1. engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;

  2. submit, post, email, display, transmit or otherwise make available through the Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including  sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  3. submit, post, email, display, transmit or otherwise make available through the Services any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;

  4. engage in or encourage conduct that affects adversely or reflect negatively on Bandsintown, its affiliates, or parent company, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising or becoming a supplier to us in connection with the Services;

  5. submit, post, email, display, transmit or otherwise make available through the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  6. except as expressly permitted herein, use the Services for commercial or business purposes, including  engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website, platform or service;

  7. modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;

  8. impersonate any person or entity or falsely state or otherwise represent your affiliation with any person or entity;

  9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services;

  10. solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information, including transmitting or facilitating in the transmission of junk email, chain letters, duplicative or unsolicited messages;

  11. modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so; or

  12. submit, post, email, display, transmit or otherwise make available through the Services any information, materials or content (and/or engage in or encourage conduct or other activities) that are, or could be perceived as, false, incorrect, misleading or deceptive.

Bandsintown assumes no responsibility for removing, or monitoring the Services for, any inappropriate, false, incorrect, misleading, deceptive or unlawful content, information, materials or conduct. Bandsintown reserves the right to investigate and take appropriate action against anyone who, in Bandsintown’s sole discretion, violates, or is suspected of violating, this Agreement, including removing any Content or User Posting from the Services at any time, and/or reporting you to law enforcement authorities.

9.    User Postings.  

The Services may provide you and other users with an opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, images, opinions, messages and other content and information via the Services (each, a “User Posting”, and collectively, “User Postings”).  When you submit User Postings, you may also be asked to provide information about you and your submission. This may include such things as your User Credentials, information about the User Posting, your location, activity, preferences, photographs, media and/or similar information. You acknowledge and agree that all User Postings made by means of or in connection with any portion of the Services are public and that (a) you have no expectation of privacy in any User Posting, including any photograph or post tagged with a hashtag associated with a particular Artist, and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and Bandsintown by reason of your transmitting a User Posting to any area of or in connection with the Services.  Further, you understand that by using the Services, you may be exposed to other people’s User Postings that could be offensive, incorrect, indecent or objectionable and, as such, Bandsintown does not guarantee the accuracy, integrity, quality or content of any User Postings. Under no circumstances shall Bandsintown be liable in any way for any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.  

In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to Bandsintown the unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up  and royalty-free right and license, in any form or format, on or through any media or medium and with any technology or Devices now known or hereafter developed, to use, host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and in connection with any of Bandsintown businesses (including its successors and assigns), including for promotional purposes (e.g., upload of an Artist’s music video to the Bandsintown YouTube Channel, etc.).  

You also represent, warrant and covenant that (a) you own the User Posting or are otherwise authorized to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, posting, emailing, displaying, transmission and/or making available of User Postings does not violate this Agreement, any rights of any other party or entity, any of your obligations, any law, rule or regulation; (c) you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and conditions; and (d) you hold and shall continue to hold all ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Postings.

10.    Digital Millennium Copyright Act.

If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, your may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Designated Agent:

Name and Address of Designated Agent:  
Attention: Legal Department
Bandsintown, LLC
8 W 36th Street
New York, NY 10018
Email: copyrightagent@bandsintown.com.

For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to Bandsintown customer service by sending an email to support@bandsintown.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.

11.    Fee-Based Services.  

We may make available certain fee-based content and other e-commerce services on and/or in connection with the Services or through third party service providers (“Fee-Based Services”). For example, you may be able to purchase event tickets and songs, or order certain music-related products and/or licenses through the Services or third party service providers, including additional Services features and functionality. You acknowledge and agree that certain Fee-Based Services may utilize third party service providers (e.g., Ticketmaster, Apple, etc.), and all purchases made through these third party service providers are subject to their respective terms and conditions, and in the event of a conflict between such third party’s terms and conditions and this Agreement, the terms and conditions of the third party service provider shall govern and control.  Bandsintown is not responsible and has no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.  

You may only use the Fee-Based Services if, and you hereby represent, warrant and agree that, (a) you are 18 years of age or older and a legal resident of the United States of America (“U.S.”) and (b) you shall pay in full the prices and fees (including  all applicable taxes) for any purchases you, or anyone using the User Account registered to you, make via PayPal, credit, debit or charge card or other payment means then acceptable to Bandsintown concurrent with your order. Certain payment means acceptable to Bandsintown may be subject to certain additional restrictions and conditions, including territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card or other payment service issues, please ensure all data is correct and resubmit. If the transaction is not accepted, you will be unable to use that card or payment method for your transaction and should use another card or payment method acceptable to Bandsintown and/or third party services providers, as applicable.

Bandsintown or any of its third party service providers does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Services do not imply our or any of our affiliates' endorsement of such products. Bandsintown and its third party operational service providers reserve the right, with or without prior notice, (i) to change the product descriptions, images, and references, (ii) to limit the available quantity of any product, (iii) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions, (iv) to bar any user from conducting any or all transaction(s) and (v) and/or to refuse to provide any user with any product. Prices and availability of any product and/or service are subject to change without notice.  

12.    Third Party Platforms, Services and Content.  

The Services may include links to or otherwise allow you to access URLs, hyperlinks, third party websites or third party materials, including Third Party Platforms (collectively, “Third Party Services”).  The inclusion of such Third Party Services does not constitute an endorsement by Bandsintown, its affiliates, or parent company, or any of its or their respective successors, assigns and representatives, or any association in connection therewith.  We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices, whether the Services', Bandsintown’s or its affiliates’ logos, marks, names and/or sponsorship or other identification is on the Third Party Services.  We will not have any responsibility or liability for any loss or damage caused by or related to your use of any Third Party Services.   Therefore, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

13.    Data and Wireless Access Charges.

Certain Bandsintown Apps and other Services require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such Bandsintown Apps and other Services, including wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will Bandsintown be responsible for any such data access fees and charges in connection with your use of any Bandsintown Apps or other Services, including wireless internet, email, text messaging or other charges or fees incurred by you (or any person that has access to your Device, telephone number, email address, User Account or other similar information). Further, the use or availability of certain Bandsintown Apps and other Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all Bandsintown Apps and other Services may work with all wireless carriers, networks, platforms, services or Devices.

14.    Messaging; Other Technology.

We may provide you with emails, text messages, push notifications, alerts and other messages related to the Services, such as offers, products, events, and other promotions.  After downloading the Bandsintown App(s), you will be asked to accept or deny push notifications/alerts.  If you deny, you will not receive any push notifications/alerts.  If you accept, push notifications/alerts will be automatically sent to you.  If you no longer wish to receive push notifications/alerts from the Bandsintown App(s), you may opt out by changing your notification settings on your Device.  With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at privacy@bandsintown.com.

The Bandsintown App may allow access to or make available opportunities for you to view certain streaming video and receive other products, content, services and/or other materials based on your location.  To make these opportunities available to you, the Bandsintown App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device.  If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the Bandsintown App to access your location data, you will not be able to access streaming video or other products, content and/or services.   For more about how the Bandsintown App uses and retains your information, please read the Privacy Policy.

Additionally, the Bandsintown App may contain features that may allow you to submit data to, or plot yourself on a map using, a mapping service.  By using those features, you agree to be bound by the terms of use that apply to those mapping services, which may include, as applicable, the Google Maps available at http://www.google.com/intl/en_ALL/help/terms_maps.html.

15.    Advertisements.

From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors, or other promotional partners (collectively, “Advertisers”) found on or through the Services or via a hyperlinked website, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions.

16.     Promotions, Contests, and Sweepstakes.

From time to time, Bandsintown, or the Services’ operational service providers, Artists, suppliers, partners, and Advertisers may conduct promotions and other activities on, through or in connection with the Services, including  contests and sweepstakes (collectively, “Promotions”). Each Promotion may have Additional Terms and/or Rules which shall be posted or otherwise made available to you in connection therewith.

To the extent that an Artist offers any Promotions on or through the Manager/Analytics Services, Artist agrees to abide by the terms and conditions of the applicable Third Party Platforms and to indemnify Bandsintown for any claims in connection with its offering of such Promotions in accordance with Section 18 below.

17.    Assignment.

This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Bandsintown without restriction, notice or other obligation to you.

18.    Indemnity.

You agree to indemnify, defend and hold Bandsintown, its affiliates, and parent company, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your breach or violation this Agreement or any applicable law, (b) any third party claims regarding your use of the Services, including the Manager/Analytics Services, and/or (b) your User Postings.  Bandsintown reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

19.    DISCLAIMER AND LIMITATIONS OF LIABILITY.

THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED.  WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING USER POSTINGS AND CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. FURTHER, WITHOUT LIMITING THE FOREGOING, BANDSINTOWN, ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, MADE IN CONNECTION WITH PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU IN CONNECTION WITH THE SERVICES, INCLUDING CORRESPONDENCE WITH COMPANY OR ITS AGENTS OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BANDSINTOWN, ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT AND TRANSMISSIONS, INCLUDING USER POSTINGS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT COMPANY ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR USER POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY USER POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS OR USER POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

20.    Customer Support.

For assistance with technical issues or customer support inquiries, please send an email to support@bandsintown.com.

21.    Governing Law; Miscellaneous.

This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the state's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND BANDSINTOWN WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

This Agreement contains the entire understanding and agreement between you and Bandsintown concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. This Agreement cannot be changed orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.  Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of Bandsintown to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.  

The Services are controlled by Bandsintown from its offices in the U.S. Bandsintown makes no representation or warranty that the Services or Content contained on or made available in connection therewith is legal, appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

We reserve the right to terminate or deny access, use and registration privileges to any user of the Services at any time, for any or no reason, with or without prior notice, and without obligation to you or any third party.   You acknowledge, consent and agree that Bandsintown may access and disclose your account and registration information if required to do so by law or if based on a good faith belief that such access or disclosure is necessary to comply with the legal process, enforce the Agreement, response to claims that any content or information violates the rights to any third party, respond to customer service requests, or otherwise protect the rights, property or safety of Bandsintown, its users or third parties.

To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, the Rules shall govern. To the extent that there is a conflict among this Agreement, the Additional Terms and/or the Rules, the following order of precedence shall apply: first, the Rules, second, the Additional Terms, and third, the Agreement.

This Agreement was last modified on the date indicated above and is effective immediately.

COPYRIGHT NOTICE

Copyright © 2015 Bandsintown, LLC

TRADEMARK NOTICE

The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on or in connection with the Services are registered and unregistered Trademarks of Bandsintown, its affiliates and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Nothing contained on or in connection with the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or in connection with the Services without the written permission of Bandsintown or the third party that may own the applicable Trademark.

 

Data Application Terms of Use 

 
 

Bandsintown Data Applications Terms of Use

Last Updated:  February 25, 2019

Please read the following Data Applications Terms of Use Agreement (these “Data Applications Terms of Use”) carefully because the terms and conditions herein are part of the Bandsintown Terms of Use Agreement (“Terms of Use”) and represent a legally binding agreement between you and Bandsintown, LLC and its affiliates (collectively, “Bandsintown”, “we”, “our”, “us”) regarding your use of any Bandsintown (a) application programing interface (each, a “Bandsintown API”), (b) widget (each, a “Bandsintown Widget”), or (c) software application, software component or code, and any other technology, that, in each case, is made available to you by Bandsintown and enable you to use and, display certain artist and event data on your websites and/or mobile applications (the Bandsintown APIs, Bandsintown Widgets and all such other technologies, collectively, the “Bandsintown Data Applications”).  The Bandsintown APIs include, without limitation, that certain Bandsintown API made available via https://manager.bandsintown.com/support/bandsintown-api  and https://www.artists.bandsintown.com/bandsintown-api. The Bandsintown Widgets include, without limitation, that certain Bandsintown Widgets made available via https://manager.bandsintown.com/support/events-widget and https://www.artists.bandsintown.com/events-widget as well as https://manager.bandsintown.com/support/track-button and https://www.artists.bandsintown.com/track-button. These Data Applications Terms of Use also govern your use of any (y) technical specifications and/or documentation provided by or on behalf of Bandsintown relating to the Bandsintown Data Applications and your use thereof (collectively, the “Specifications”) and (z) any and all content, data and media displayed or otherwise made available through the Bandsintown Data Applications (which is made available solely for your use, display and re-distribution in connection with the Bandsintown Data Applications) (collectively, the “Bandsintown Content”). The Bandsintown Data Applications are meant to be used solely by artists, or people working in connection with or on behalf of artists (collectively, the “Bandsintown Data Application Users”). Bandsintown Data Applications cannot be used under any other circumstances unless specifically approved by Bandsintown. Unless defined separately, capitalized terms used in these Data Applications Terms of Use have the same meanings ascribed to them in our Terms of Use or Privacy Policy.

When you use or attempt to use the Bandsintown Data Applications and/or the Bandsintown Content, you are signifying your agreement with and acceptance of all these terms and conditions as part of the Terms of Use that govern your legal and contractual relationship with us. If you are using the Bandsintown Data Applications on behalf of an organization, by accepting this Data Applications Terms of Use, you agree to the terms and conditions hereof on behalf of such organization, and its parents, subsidiaries and sister companies, and you represent and warrant you have full legal authority to bind each of the foregoing entities. In such a scenario, “you” and “your” will refer to that organization, its parents, subsidiaries and sister companies.

We have the right to change the terms and conditions of these Data Applications Terms of Use at any time as described in our Terms of Use. If you do not agree with all of the terms and conditions of these Data Applications Terms of Use at any time, including, without limitation, those times when we make changes, do not use or attempt to use the Bandsintown Data Applications and Bandsintown Content, because if you do any of these things, you are agreeing to be bound by all of the terms and conditions of these Data Applications Terms of Use, including, without limitation, any changes we have made.

1. Bandsintown Data Applications. The Bandsintown Data Applications may allow for the access and retrieval of certain Bandsintown Content via the Services, which may be used, displayed and re-distributed to end users of your website(s) and software and mobile applications (collectively, “Your Website(s)”) in conformance with the Specifications, all subject to the terms and conditions of these Data Applications Terms of Use.

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.

d.     Bandsintown Content Collection, Transfer and Use. You shall not use any automated means (e.g., scraping, robots, etc.) other than the Bandsintown Data Applications (in accordance with these Data Applications Terms of Use) to access, query or otherwise collect the Bandsintown Content or any other information or data from the Services. You may employ session-based caching of Bandsintown API results, provided that you notify us of such caching and update cached results upon any changes in the applicable metadata. For instance, if any Bandsintown Content is removed from the Services or is no longer made available for general viewing, any cached results data and media file related to such Bandsintown Content must be promptly removed from your cache. Do not transfer Bandsintown Content to unauthorized third parties, including (i) directly or indirectly transferring any data (including aggregate, anonymous or derivative data) received via the Bandsintown Data Applications to, or use such data in connection with, any ad network, ad exchange, data broker, or other advertising or monetization-related toolset, even if a user consents to such transfer or use; or (ii) to another service that competes with Bandsintown.

e.     No Violation of Laws; Infringement of Third Party Rights. You may not use the Bandsintown Data Applications or the Bandsintown Content in any manner and/or for any purpose, or in connection with any application, product, service, website or other offering, that (i) violates (x) the Terms of Use, (y) any laws, regulations, rules or ordinances or infringes or misappropriates the rights of any third party or (z) terms, conditions and requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, etc.), (ii) damages, disparages or adversely affects Bandsintown or its affiliates and/or any of their respective brands, businesses, reputation or goodwill, as determined by Bandsintown in its sole discretion, (iii) Bandsintown, in its good faith reasonable discretion, deems to be objectionable, including without limitation, facilitating and/or promoting illegal activity, depicting sexually explicit images, promoting violence, promoting discrimination, engaging in the endorsement of political positions or political candidates, or engaging in the sale or advertisement of tobacco, firearms, personal hygiene products, pornography, or religious causes, or (iv) does not conform or is inconsistent with the Specifications.

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.

iii. In the event that you receive information from Bandsintown or from the use of a Bandsintown Widget about visitors to Your Website, your use of such information must comply with these Data Applications Terms of Use, your end user license agreement, your privacy policy, and all applicable laws and regulations. You may not collect or store personal information about Bandsintown users such as a name, user ID, or password.

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.

h.     Monitoring. You acknowledge that Bandsintown may, but has no obligation to, monitor your access to and use of the Bandsintown Data Applications and Bandsintown Content, and collect usage data related to the same, for the purpose of ensuring quality, improving Bandsintown products and services, and verifying your compliance with these Data Applications Terms of Use and the Specifications. You shall not interfere with or impair any of Bandsintown’s efforts to do so and you agree to provide us with reasonable access to information related to your compliance with these Data Applications Terms of Use.

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.  

m. Privacy Policy; End User Data. Each of Your Websites must provide a publicly available and easily accessible privacy policy that complies with all applicable laws, rules and regulations, and explains what data you are collecting and how you will use and disclose such data. With respect to any end user data that is provided to Bandsintown in connection with the use of the Bandsintown Data Applications or Bandsintown Content on Your Websites (including any data collected by Bandsintown as set forth in Section 4 below), you represent and warrant that you have obtained any and all necessary express consents from end users required for the transfer of such data to Bandsintown and Bandsintown’s use thereof as contemplated by these Data Applications Terms of Use.

4. BRANDING; DISPLAY OF BANDSINTOWN CONTENT. You may not remove, modify or impair the display of any trademarks, service marks, trade names, brands, logos and other distinctive identification and/or proprietary indicia legends and/or copyright notices that appear on or in connection with the Bandsintown Data Applications and/or the Bandsintown Content as provided to you (collectively, the “Branding”).  You acknowledge and agree that any Bandsintown logo that may be provided to you in connection with any Bandsintown Data Application may include a pixel/tag therein. You agree that Bandsintown may collect end user data via such pixel/tag if such logo is included on Your Website and that Bandsintown may use the same for purposes of marketing and advertising the products, services and offerings made available by Bandsintown, its affiliates or promotional partners. Bandsintown hereby grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable right and license to use, reproduce, publish, perform and display Branding solely on Your Website(s) that display the Bandsintown Content, all subject to the provisions of these Data Applications Terms of Use. You shall strictly comply with all standards and guidelines with respect to your permitted use of the Branding that could be furnished by Bandsintown at any time and all uses of the Branding in proximity to the trade name, trademark, service name or service mark of any third party shall be consistent with the same. You shall not create a combination or composite mark consisting of the Branding, commingle any Branding with that of any third party, nor shall you engage, participate or otherwise become involved in any activity or course of action that diminishes, tarnishes or otherwise adversely affects the goodwill associated with any Branding. All uses of the Branding shall inure to the benefit of Bandsintown, its suppliers and licensors, as applicable. You may not use the Bandsintown Data Applications, Bandsintown Content, or Branding for any other purpose without Bandsintown’s prior written consent. When displaying Bandsintown Content on Your Website(s), you acknowledge that the Specifications for the applicable Bandsintown Data Application(s) you are using may require you to include the Track artist, RSVP and Notify Me buttons and the ticket link(s) provided to you by the Bandsintown Data Applications as the primary ticket link(s) wherever it is used in the Bandsintown Data Application, and you agree to follow such other requirements, guidelines and “best practices” as may be specified in the Specifications.

5. OWNERSHIP RIGHTS. The Bandsintown Data Applications, Bandsintown Content, Branding and the Specifications (collectively, the “Bandsintown Materials”) are proprietary to Bandsintown and/or its respective suppliers and licensors and protected by United States copyright and other laws, as well as international treaty provisions and you must treat the same as any other copyrighted and legally protected material. As between you and Bandsintown, Bandsintown owns all right, title and interest in and to the Bandsintown Materials, including, without limitation, all intellectual and proprietary rights appurtenant thereto, and, except for the limited license granted to you herein, nothing in these Data Applications Terms of Use shall be construed to transfer, convey, impair or otherwise adversely affect Bandsintown’s ownership or proprietary rights therein or any other Bandsintown information or materials, tangible or intangible, in any form and in any medium. Bandsintown reserves all rights not expressly granted herein in and to all of the foregoing. Bandsintown has the sole right to obtain, hold and renew in its own name and for its own benefit, all patents, copyrights, registrations and other similar protection in connection with the foregoing and you hereby agree to assign, transfer and convey to Bandsintown all right, title and interest therein and will cooperate with Bandsintown and execute all documents necessary to enable Bandsintown to perfect, preserve, register and record its rights therein. You shall not contest, or assist others in contesting, the validity, enforceability, ownership, or title of the Bandsintown Materials. You do not have the right to use the Bandsintown Materials in any manner not covered by these Data Applications Terms of Use.

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.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BANDSINTOWN NOR ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THESE DATA APPLICATION TERMS OF USE OR YOUR ACCESS TO, USE AND/OR OPERATION OF THE BANDSINTOWN MATERIALS, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT BANDSINTOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND 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.

9. INDEMNITY. Your indemnification obligations under the Terms of Use include, without limitation, any third party claims arising from, related to or caused by (a) your use of the Bandsintown Materials (or any component thereof) or (b) your breach of the terms and conditions of these Data Applications Terms of Use.

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).

11. Relationship. There is no joint venture, partnership, agency, or fiduciary relationship existing between you and Bandsintown, and nothing in these Data Applications Terms of Use shall be construed to create or recognize any such relationship.

12. MISCELLANEOUS. You agree that Bandsintown may, at any time in its sole discretion, use your name, service or trademarks and/or logos in any publicity, promotional and marketing materials, Site listings of developers, and/or other marketing-related activities. You may not issue any public announcement regarding your use of the Bandsintown Data Applications and/or Bandsintown Content and/or use the name, service or trademarks or logos or otherwise identify or refer to Bandsintown in any press releases, publicity, marketing or promotional material without Bandsintown’s prior, express approval, in its sole discretion, in each instance. The Terms of Use, incorporating these Data Applications Terms of Use, is the entire agreement between you and us relating to the Bandsintown Materials and your use thereof and supersedes any prior or inconsistent agreements.

These Data Applications Terms of Use Agreement was last modified on the date indicated above and is effective immediately.

Copyright © 2019 Bandsintown, LLC

 

PRIVACY POLICY

BANDSINTOWN, LLC


 
 

Amplified Terms of Use

 

Last Modified:  September 1, 2014

Welcome to Bandsintown Amplified and thank you for using our products and services (“Services”).  The Services are provided by Bandsintown Amplified LLC (“Bandsintown Amplified”), located at 215 Lexington Avenue, 18th Floor, New York, NY  10016 in the United States.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH THE ADDITIONAL TERMS DEFINED BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BANDSINTOWN AMPLIFIED REGARDING YOUR USE OF OUR SERVICES.  

IF YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OF OUR TERMS OF SERVICE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR SERVICES BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO ALL OF OUR TERMS.

Bandsintown Amplified offers a number of different products and services to both business and individuals some of which require additional terms, requirements or restrictions (collectively “Additional Terms”).  Additional Terms will be made available with the relevant Services and become part of your agreement with Bandsintown Amplified if you use those services.

Business Users

If you are using our Services on behalf of a business or other organization, that business or organization accepts these terms.  It must also hold harmless and indemnify Bandsintown Amplified and its parents, subsidiaries, directors, officers, employees, agents and affiliates from any claim, suit or threatened cause of action (including, without limitation, reasonable attorney’s fees and costs) arising from or related to the use of the Services or a violation of these Terms of Service.

User Accounts

You may need an account (“User Account”) to use some of our Services.  You may create your own User Account or use one that is assigned to you by your employer or the business or organization you represent.  If a User Account is assigned to you, the business or organization’s terms may also apply.

It is your responsibility to keep your User Account, password and other account credentials confidential.  You are responsible for all activity that happens through your User Account.  You should immediately report any unauthorized activity in your User Account to Bandsintown Amplified at support_amplified@bandsintown.com

To create a User Account and use our Services, you must be over the age of 13 (18 if you live in California).  

If you are younger than 13 (18 if you live in California), your parent or legal guardian must create the User Account for you.  By doing so, he or she is certifying that they are over 18, your legal guardian and is accepting responsibility for all of your activities on the Service, including, without limitation, the responsibility to determine and control what is appropriate for you to access and what is not.  

If you create a User Account, we may store and display your user or profile name, photo and information about the actions you may take through the Services to other users in accordance with these Terms of Service and any Additional Terms or profile settings. .

Privacy

Our Privacy Policy explains how we treat the information we collect about you through the Services.  By using the Services, you agree that we can use all of the personal data we collect about you in accordance with our Privacy Policy.

Copyright Infringement

We respond to notices of alleged copyright infringement and terminate the User Accounts of repeat infringers in accordance with the procedures proscribed by the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “Act”).  If you think your copyrights have been violated, you may notify Bandsintown Amplified by sending an email to copyrightagent_amplified@bandsintown.com.  Your email should include your address, telephone number, and email address; a description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf and any other information required by the Act.

General Rules Applicable to All Bandsintown Amplified Services

The following General Rules apply to all Services:

You must comply with all Additional Terms.

You must use our Services only as permitted by law, including, without limitation, applicable export control laws.

You may use our Services only as permitted by your Internet or mobile service provider.

You must not interfere with the operation of our Services or try to access them using methods other than those that we provide.

You must not use our Services to harass, defame defraud or otherwise violate our rights or the rights of any other person or entity.

You must not use, remove, obscure or alter any branding, logos or legal notices that appear within our Services.

Using our Services does not give you ownership of the Services or content you access.  You merely have a right to use the Services or content in connection with the Service in accordance with these Terms of Service and Additional Terms, if applicable.

Some of our Services include content that has been provided by other users or business partners.  Bandsintown Amplified is not responsible for third-party content.  

Although we reserve the right to remove any third party content that violates the law or our policies, we do not review all of the content that is posted on our Services.  

If you believe any content posted on a Service is inappropriate, please report the abuse by sending an email to support_amplified@bandsintown.com.  Even if reported, we have no obligation to remove the content and cannot be held liable for it.

By using some of our Services, you may be required to become a member of a social network, such as Facebook Connect, and you understand that other members of that network may be able to see some or all of your profile and content.  You may also automatically become a member of a Bandsintown Amplified Service by connecting to us through a social network. 

If we use a third party platform, such Facebook, Twitter, Pandora or YouTube to facilitate social networking, the rules of the platform provider also apply. To control how much of your profile is visible and to whom, use the profile settings features where available.  

Our systems may analyze your user information, Internet usage and the content you post to provide you with personally relevant Service features and advertising that is customized for you.  For more information about this, please see our Privacy Policy.

Your Content

Some of our Services allow you to upload, store, and send content.  You retain ownership of any intellectual property rights in the content to upload to our Services, but you give Bandsintown Amplified an unrestricted, worldwide license to use, store, reproduce, modify, publish and distribute your content.  This license continues even if you stop using the Service.  It is your responsibility to make sure you have sufficient rights in the content to grant Bandsintown Amplified this license. 

If you are under 18 and a resident of California, after January 1, 2015 you may request that certain content that you uploaded before you turned 18 be either made anonymous or otherwise not visible to other users of the Service. 

Content You Download or Access Through Our Services

Some of our Services allow you to download content (such as music, ringtones, wallpapers, games, applications and other software) to your computer or mobile device.  Some of the content available for downloading may be provided by third parties and is subject to their rules.  You may use downloaded content only for your own personal, non-commercial use.  You may not copy, modify, sell, license or share it with others unless the Additional Terms say otherwise.  

If you download a game, application or other content through the service and later cancel your participation in the Service, the content you downloaded to your computer or device will remain there and may continue to send you messages, updates and other notifications until you delete it or change the applicable settings.

Certain content may be made available for streaming only. “Streaming” content, for example a musical sound recording, is initiated by selecting content while you are online, at which time an encrypted file will be transmitted to your computer or device for a contemporaneous performance of the recording which does not create a download or residual copy or file on your computer or device other than as temporarily required to render that performance as in the form of a buffer copy.  You are prohibited from using “streaming” content in a manner that exceeds the permitted uses described above (for example, and without limitation, by downloading or otherwise copying streaming-only content).

Linking to and Framing Other Content and Services

We do not permit you to link, point to or frame third party content and services unless the Additional Terms specifically say otherwise.  If our Service permits you to create links and pointers to other content and services, you must do so only if the content owners also allow it. 

Fees and Other Charges

Bandsintown Amplified may impose fees for certain Services or actions taken through a Service, such as making an in-application purchase.   Fees and charges for use of Bandsintown Amplified’s ad serving and analytical services are typically governed by Additional Terms.

By completing the registration process, you authorize Bandsintown Amplified to charge the appropriate fees and any taxes for the Service to your credit card or directly to your wireless account or deduct payment from your pre-paid balance or to bill you. 

When you confirm a transaction on the Service, you agree to be bound by and pay for that transaction.  All sales, including in application purchases are final and no refunds will be given, even if you cancel the Service or delete the application unless otherwise noted at the time of purchase.

If fees are charged to your credit card or wireless, bank account or other payment service provider, we may provide them with your applicable account and transactional information.  When you provide a payment to Bandsintown Amplified, you confirm that you are permitted to use that card or other source of payment. You also authorize Bandsintown Amplified to collect and store it, along with other related transaction information. Information may be stored on servers outside of the United States.

If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.

If you select a subscription plan, you authorize Bandsintown Amplified to continue billing you each month in accordance with the plan until you cancel the subscription. Cancellations may take from twenty-four (24) hours to ten (10) days to become effective.

In addition to any applicable subscription or other fee for the Service charged by Bandsintown Amplified, your mobile service provider’s fees, and messaging and data rates may apply to your use of the Service, outgoing messages, our confirmation messages and all subsequent correspondence. Your carrier’s service fees and messaging and data fees may also apply to the messages sent between you and Bandsintown Amplified as part of the sign-up, HELP and opt-out processes.

You agree to pay all charges incurred by you (or any user of your User Account or wireless device) in connection with the Service at the rates in effect when such charges are incurred.

If any of your billing information changes, it is your responsibility to update your User Account information.

When you make a payment, you authorize Bandsintown Amplified (and our payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter.

We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.

We may cancel or delay any transaction or deactivate your account if we believe the transaction violates these Terms of Service, or we believe doing so may prevent financial loss.

We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.

We may cancel any credits transferred, assigned, or sold in violation of these Terms of Service.

If your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.

If you cancel a transaction before completion, the pre-approval may result in your funds not being immediately available.

Billing Disputes and Refunds

If you have a complaint or dispute about a charge, or about a certain feature or product of the Service, you must notify Bandsintown Amplified immediately at support_amplified@bandsintown.com.  

If you do not bring billing issues to our attention within 90 days after they first appear on your bill or statement, you waive your right to dispute such problems or discrepancies.

We may issue refunds for certain corrupt or defective content or Services. However, if you repeatedly request refunds, which in our sole discretion are illegitimate, your use of the Service may be subject to suspension or termination, without further notice to you.

Fees charged for certain subscription plans are due in advance unless provided otherwise in your subscription plan, and are nonrefundable. You understand that our right to make certain services available to you may expire, in which case we may cease delivering the services to you.

You agree to notify Bandsintown Amplified immediately, if you believe that an unauthorized transaction has taken place on your account so we may take action to prevent financial loss.

You agree to reimburse Bandsintown Amplified for all charges, claims, fees, fines, penalties and other liability incurred by Bandsintown Amplified (including costs and related expenses) arising out of payments that you authorized or accepted.

If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent. We may intervene in disputes between Service users concerning payments but have no obligation to do so. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.

To the fullest extent permitted by law, you waive all claims against Bandsintown Amplifiedrelated to payments unless you submit the claim to Bandsintown Amplified within 30 daysafter the charge.

Warranties and Disclaimers

THE SERVICE (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE SUCH AS MESSAGES AND MATERIALS SENT VIA THE SERVICE AND DOWNLOADABLES PROVIDED VIA THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND BANDSINTOWN AMPLIFIED HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. ADDITIONALLY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BANDSINTOWN AMPLIFIED DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER FOR THE SERVICE, INLCUDING, WITHOUT LIMITATION, THAT THE SERVER THAT MAKES IT AVAILABLE, OR THE SERVICES, CONTENT OR DOWNLOADABLES, WILL BE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, BANDSINTOWN AMPLIFIED AND ITS SUBSIDIARIES, SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE OR THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH BANDSINTOWN AMPLIFIED OR ITS AGENTS. BANDSINTOWN AMPLIFIED MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET USERS’ REQUIREMENTS.

YOU UNDERSTAND THAT WHEN USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT AND USER-SUBMITTED MATERIALS FROM A VARIETY OF SOURCES, AND THAT BANDSINTOWN AMPLIFIED IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT OR USER-SUBMITTED MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT OR USER SUBMITTED MATERIALS THAT ARE INACCURATE, OFFENSIVE, INDECENT OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST BANDSINTOWN AMPLIFIED WITH RESPECT THERETO.

NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BANDSINTOWN AMPLIFIED OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. BANDSINTOWN AMPLIFIED ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, WIRELESS DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, SOFTWARE APPLICATIONS OR AUDIO FROM THE SERVICE OR YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BANDSINTOWN AMPLIFIED OR ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES (“BANDSINTOWN AMPLIFIED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SERVICE EVEN IF BANDSINTOWN AMPLIFIED OR ITS SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE BANDSINTOWN AMPLIFIED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM USE OF THESERVICE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO BANDSINTOWN AMPLIFIED FOR YOUR USE OF THE SERVICE DURING THE CALENDAR QUARTER DURING WHICH THE CLAIM AROSE.

No Class Actions

YOU AND BANDSINTOWN AMPLIFIED AGREE THAT ANY PROCEED­INGS TO RESOLVE ANY DISPUTE BETWEEN BANDSINTOWN AMPLIFIED WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER OF BANDSINTOWN AMPLIFIED WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH ONE OF BANDSINTOWN AMPLIFIED ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. WE FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL OF THE PARTIES.

Modifying and Terminating Services

We are constantly changing our Services and may add or remove functions and features and suspend or stop Services at any time.  If we stop or suspend a Service, we will try to provide you with reasonable notice so you can get your information and other content out of the Service.

You can stop using our Services at any time.

International Use

The Service is controlled by Bandsintown Amplified from its offices in the United States. Bandsintown Amplified makes no representation or warranty that the Services or content contained on or made available in connection with the Service is legal, appropriate or available for use in other locations. Those who choose to access the Service from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulations, if and to the extent local laws, rules and regulations are applicable. Information we collect may be processed and/or stored on servers outside of the United States.

Governing Law; Miscellaneous

THIS AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND BANDSINTOWN AMPLIFIED SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.

SOLE AND EXCLUSIVE JURISDICTION FOR ANY DISPUTES SHALL BE IN THE COUNTY OF NEW YORK, STATE OF NEW YORK, AND YOU AGREE TO SUBMIT TO SUCH JURISDICTION.

Bandsintown Amplified’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

You agree that your User Account is non-transferable and any rights to your user ID or the contents of your account terminate upon your death.  

Regardless of any statute or law to the contrary, you agree that any claim or cause of action you may have arising out of or related to the use of the Services or a breach of this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Customer Service

If you have a question or complaint about the Services, please contact Bandsintown Amplified:
Attention: Customer Care
215 Lexington Avenue, 18th Floor
New York, NY 10016
Phone: 866-235-7909
support _amplified@bandsintown.com

This Agreement was last modified on the date indicated above and is effective immediately.

COPYRIGHT NOTICE

Copyright © Bandsintown Group, Inc.

All rights reserved.

TRADEMARK NOTICE

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Service are registered and unregistered Trademarks of Bandsintown Group, Inc.. and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Bandsintown Group, Inc. that appear on the Service, if any, are the property of their respective owners. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without the written permission of Bandsintown Group, Inc. or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Service is strictly prohibited. Bandsintown Group, Inc. will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution. Bandsintown Amplified is a wholly owned subsidiary of Bandsintown Group, Inc.

 

 

 Amplified Privacy Policy

 

Effective Date:  September 1, 2014

Bandsintown Amplified operates a personalized advertising delivery service that leverages the power of music.  Our clients are lyric publishers and music service providers, such as Bandsintown, MusicMatch, SongLyrics and SongMeaning and the advertisers who want to reach music fans through these services.  The purpose of this policy is to inform users about the types of user information we receive or collect in order to deliver more relevant advertisement to them and how to use their devices to control it. This Privacy Policy governs the collection, use and disclosure of information by Bandsintown Amplified and its affiliated companies. This Privacy Policy is incorporated into, and part of, the Terms of Service Agreement, which governs your use of the Bandsintown Amplified Services in general.

Information We Collect

Registration Data:  When you register with one of our clients, they may ask you to provide certain information such as your birth year, gender, zip code, income level, music interests, etc.  When appropriate, our clients share this information with us and we use it to build anonymous user profiles that enable us to deliver more relevant advertising to users of their service.  We typically do not receive personally identifiable information, such as your name, address or email address.

Internet Activity:  When you visit a clients’ service, they may enable us to track your activity on the service by, for example, tracking the pages you visit, the types of songs and lyrics you access or download, the artists you follow, the songs you like or dislike, how much time you spent on a page, which advertisements you clicked, what you search for and so on.  This information becomes part of the anonymous user profile that we build and use to make predictions about what types of advertisements might be of most interest to you and people like you. 

Log File and Server Information:  Web and application servers create log files automatically as part of the way they are configured.  Information in a log or server file might include your IP address, browser type, Internet service provider, date and time stamps, media access control (MAC) address, file requests and other information.  This information is helpful to us in building more accurate user profiles.

Device Information:  When you access a clients’ service from a computer, mobile phone, tablet, automobile or other electronic device, we, with our clients’ consent, collect information about your device.  This information may include your IP address, browser type and other information about the software and hardware you are using.  If you access our clients’ service from a mobile device, we collect and record information as to the device type, operating system as well as unique identifiers such as Android ID, VIN and MAC address, IDFA, carrier or other information specific to the device. 

Location Information:  If your device is enabled to provide real-time location information, we may also be able to include that information in the user profiles we build.  You can always choose to disable this feature on your device if you no longer want it to be activated.  If your location is disabled, we may estimate or make assumptions about your location based upon other information we collect.

Information Obtained from Third Parties:   In addition to the information we collect from our clients platforms, we also collect information from third parties.  This includes marketing companies and information service providers that collect and sell information about consumers.  It may also include social media websites and applications or services that you have registered to use.  If these sites have a relationship with any of our clients, they may automatically provide information about you in order to provide you with their services.  You can use the controls or tools available through these social media sites to opt-out of sharing going forward, but it will not affect the data previously shared with us. 

Friends:  Your friends may also store information about you that is accessible to us through our clients’ services.  For example, Bandsintown users can enable Bandsintown to access their address book thereby enabling Bandsintown to send information to their friends about the concerts of interest in your area.  We use some of that same information to deliver customized advertising to you. 

Information Collection Technologies Used

Cookies:  Bandsintown Amplified and its clients use “cookies” to help manage and report your interaction with their services.  A cookie is a file that a server writes to your hard drive.  It contains an alphanumeric identifier unique to your device.  Our clients use cookies primarily to collect information that enables them, for example, to authenticate your login credentials and otherwise manage your use of their service.  We use information from cookies mainly to create more accurate user profiles so that we can deliver more relevant advertisements to you and to compile and report more accurate aggregate statistical information to our clients.  Bandsintown Amplified and its clients use both session cookies and persistent cookies. Session cookies expire when you close your browser.  Persistent cookies remain on your hard drive for longer periods of time.  You can remove persistent cookies by following the instructions in your browser.  Bandsintown Amplified does not control how your browser control settings operate to block or delete cookies.

Beacons and Tracking Pixels:  Bandsintown Amplified and its clients use technology known as beacons or tracking pixels.  These are very small images that are imbedded in content on a web or application page.  When content containing a beacon is accessed, the beacon transmits anonymous information to a server.  Bandsintown Amplified and its clients use that information primarily to manage content and to measure the effectiveness of advertising campaigns.  Bandsintown Amplified also uses information from beacons and tracking pixels to build more accurate user profiles. 

Advanced Algorithms:  Bandsintown Amplified also uses advanced, proprietary algorithms to statistically infer information about users using data available from the operating system and other sources.  This technology helps us to build more complete user profiles without placing cookies on your devices.  

How We Use The Information We Collect

User Profiles:  We use the information we receive and collect from the technologies described above about to build user profiles based upon music preferences.  We then use these profiles to customize and personalize the advertising and other content delivered to users of our clients’ services, to determine how well that advertising performs, and to aggregate traffic, usage, demographic and other data of interest to our clients.  For example, an advertiser might want to know if fans of a particular musical artist are more likely to purchase a particular make and model of car.  Using our technology and database of user profiles, we will be able to provide them with statistical information to enable them to deliver the most relevant ads to the most relevant audience.

Personally identifiable Information:  We do not use or share personally identifiable information with third parties except as described in this policy or at the time of collection.  We may, however, share any information we have about you (including information that might personally identify you) to comply with the law of legal process, to protect our legal rights and the rights of our clients, to guard against fraud, for risk management purposes, and to protect the safety and security of the public.  We may also share your user profile (including any personally identifying information we might have) with our affiliated companies and our successors in interest in the event of a corporate reorganization, merger or sale of assets.

Opting Out of Ad Tracking and Customized Advertising

On Your Computer:  You can remove persistent cookies from your computer by following the instructions in your browser.  To learn more about how the online advertising industry collects and uses information about users to deliver customized advertising and to control whether you want to receive customized ads from participating service providers, you can visit the following websites:  www.aboutads.info and www.networkadvertising.org.   

On Your Mobile and Tablet Devices: If you use an iOS device and you do not want to receive customized advertising, you may opt-out by accessing the iAd Network Advertising Settings page from the browser on your device.  On newer iOS devises, you can also limit ad tracking under “Settings” on the home screen. If you use an Android based device, you can visit Google’s Ad Settings page from a browser on your device and make your choices there.

Bandsintown Amplified does not control how your browser or mobile operating systems operate to allow you to control advertising tracking and customization.  If you have any questions about these control mechanisms, contact your service provider directly.

Your California Privacy Rights

Section 1798.83 of California’s Civil Code permits users who are California residents to request and obtain, free of charge, one time a year a list of the third parties to whom we disclosed their personal information (if any) for direct marketing purposes in the preceding calendar year and the categories of personal information disclosed to those third parties.  If you are a California resident and you wish to make such a request or if you have any questions about Bandsintown Amplified’s information sharing practices, you may contact us by sending us an email or writing to us at the address set forth below.

California law also provides individuals under the age of 18 the right to remove personally identifiable information they may have posted about themselves on the Internet.  While we do not currently operate any services that enable such postings, we believe California residents should be aware of these rights.    

International Users

Bandsintown Amplified’s services are controlled from Bandsintown Amplified’s offices in the United States.  If you interact with our clients’ platforms from a location outside the U.S., please be advised that any information that is collected by us as described herein may be processed in or transferred to the U.S. and other locations where privacy protections may not be as comprehensive as those in the location where you live.  We will, however, use your information only as provided in this Privacy Policy.  By using the clients’ service, you affirmatively consent to our use of your information as described in this Policy.

Children

Bandsintown Amplified does not knowingly collect personal information about anyone under the age of 13.

Security

We use commercially reasonable electronic and physical security measures to protect user information against loss, misuse, unauthorized disclosure and alteration and we instruct our employees on the importance of protecting user information, particularly when it contains personally identifying information.

Changes to this Policy

We reserve the right to change or update this policy and will notify users of the changes by updating this page, so please check this page periodically for updates.  

Contact Us

If you have any questions or comments regarding our privacy practices, you may contact us at:

Bandsintown Amplified LLC
Attention:  Legal and Business Affairs
1216 Broadway, Floor 4,
New York, NY  10001
Privacy_Amplified@Bandsintown.com
Data Protection Officer Email: dpo.bandsintown@mazars.co.uk