If you access or use the Website on behalf of a company, band, venue, entity or organization, you represent and affirm that you are an authorized representative of such company, band, venue, entity, or organization with the authority to bind it to the Terms of Service.
1. Your SonicLiving.com Account and Site.
You are responsible for maintaining the security of your account, profile and password and you are responsible for all activities that occur under the account and any other actions taken in connection with the profile, including but not limited to, the posting of comments on event pages, adding event details and any communications with other Website users. You may not assign Wishlist matches that are intentionally misleading, including in a manner intended to trade on the name or reputation of others, and SonicLiving reserves the right to edit or remove any comments, event details, or Wishlist terms that it determines in its sole discretion to be inappropriate, unlawful or otherwise likely to cause SonicLiving to incur liability. You are required to immediately notify SonicLiving of any unauthorized use of your profile, your account or any other breach of security. SonicLiving will not be held liable for damages of any kind resulting from any acts or omissions by you.
2. Responsibility of Contributors.
You are entirely responsible for the content of, and any harm resulting from any material you publish or post to the Website, including any material published or posted by a third party permitted by you, regardless of whether the material in question constitutes text, graphics, an audio file, or computer software. By making any such material available on the Website, you represent and warrant that:
a. the downloading, copying and use of the material will not infringe the intellectual property rights of any third party, including but not limited to copyright, patent, trademark or trade secret rights;
b. if your employer has rights to intellectual property you create, you have either (i) duly received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a duly executed waiver as to all rights in or to the material;
c. you have fully complied with any third party licenses relating to the material, and have done all things necessary to successfully notify or pass through any required terms to end users;
d. the material does not contain or install any viruses, worms, malware or other harmful or destructive content;
e. the material is not spam, is not machine- or randomly-generated and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
f. the material is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
g. your profile, comments or shows are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites and similar unsolicited promotional methods;
h. your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile name may not be the name of a person other than yourself or company other than your own; and
i. you have, in the case of material that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by SonicLiving or otherwise.
3. Public Information.
You may not make your telephone numbers, street address, or last names public on the Website.
4. User Generated Material.
By submitting material to SonicLiving for inclusion on the Website, you grant SonicLiving a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the material solely for the purpose of displaying, distributing and promoting your event. If you delete such material, SonicLiving will use reasonable efforts to remove it from the Website, subject to your acknowledgement that caching or references to the material may not be made immediately unavailable. SonicLiving reserves the right in its sole discretion to:
a. refuse or remove any content that, violates any SonicLiving policy or is in any way harmful or objectionable; or
b. terminate or deny access to and use of the Website to any individual or entity for any reason.
By agreeing to the Terms of Service, you agree that you will not engage in illegal or prohibited conduct on or through the Service, including but not limited to the following: harassment, fraud, trafficking in obscene material, drug dealing, impersonation of other Website users, criminal activity (including child pornography, solicitation of minors, libel, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, trade secret theft, violation of export control laws or any other use of the Service in a manner inconsistent with any and all applicable local, state, national and international laws and regulations). You agree not to use the Service to distribute, communicate, or post any material that is obscene, unlawful, abusive, harmful, an invasion of privacy rights, pornographic, defamatory, libelous, racist, homophobic, exhibiting hate against legally protected groups, illegal or otherwise objectionable, threatening, or material that you do not have a right to transmit or communicate because of copyright laws, trade marks, patents, child pornography laws, or other intellectual property rights including, but not limited to the property of SonicLiving. You agree to abstain from posting, distributing, or communicating any material that could prove harmful to SonicLiving or anyone else's computer system, including but not limited to that which contains any virus, code, worm, data, or other files intended to damage or allow unlawful access to the Service or corrupt the Service. You agree that you will not transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation or to solicit or attempt to discover another user's password, user name, or other private information without the user's knowledge and consent.
5. Purchasing from Third Parties.
Optional ticket purchasing services are available on the Website. By purchasing tickets via the Website, you agree not to hold SonicLiving liable for any purchases made through third party ticket-sellers. SonicLiving will not be held responsible for refunds, incorrect show information, or show cancellations, unexpected processing fees or for you purchasing tickets to a show that is different from what you intended to purchase. You are solely responsible for all purchases you make via SonicLiving, including but not limited to tickets, merchandise, and digital music.
6. Responsibility of Website Visitors.
SonicLiving has not reviewed, and cannot review, all of the material published or posted by its users, including computer software posted to the Website, and cannot therefore be responsible for the content, use or effects of such material. By operating the Website, SonicLiving does not represent or imply that it endorses the material posted to the Website, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking reasonable precautions as necessary to protect yourself and your computer systems from viruses, worms, malware, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, incorrect show or artist data, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SonicLiving disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. SonicLiving does not have any control over such non-SonicLiving websites and webpages, and is not responsible for their content or their use. By linking to a non-SonicLiving website or webpage, SonicLiving does not represent or imply that it endorses such website or webpage. You are responsible for taking reasonable precautions to protect yourself and your computer systems from viruses, worms, malware, and other harmful or destructive content. SonicLiving disclaims any responsibility for any harm resulting from your use of non-SonicLiving websites and webpages.
8. The SonicLiving iTunes Scanning Application.
The Terms of Service shall apply to the installation and use of the Software. In addition, you agree to the following terms and conditions:
b. By agreeing to the Terms of Service, you are affirming that you understand the way the Software operates, which is as follows: The Software sends your music listening data (including a list of all artists in your digital music library, stored in your iTunes.xml file) to the SonicLiving servers. When you create an account on the Website, and proceed to run the Software, you agree to use SonicLiving's concert-finding technology, which relies on data we collect about your music library to provide you with concerts that most closely match the artists contained within. Your music listening data and matching events will be stored by SonicLiving in our secure databases.
c. All rights are reserved on the Software. You agree that the Software is the property of SonicLiving. You agree and acknowledge that any action taken to reproduce, copy, publish, or distribute the Software is strictly prohibited. You agree not to modify or create derivative works based on the Software. You agree not to compromise the security of the Software by circumventing any technology used to protect the Software.
9. Copyright Infringement and DMCA Policy.
As SonicLiving asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SonicLiving.com violates your copyright, you are encouraged to notify SonicLiving in accordance with SonicLiving's Digital Millennium Copyright Act ("DMCA") Policy. SonicLiving will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of SonicLiving or others, SonicLiving may, in its sole discretion, terminate or deny access to use of the Website.
10. Intellectual Property.
The Terms of Service do not transfer from SonicLiving to you, any SonicLiving or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SonicLiving or the third party, as the case may be. SonicLiving, SonicLiving.com, the SonicLiving.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Website, are common law trademarks or registered trademarks of SonicLiving or SonicLiving's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SonicLiving or third party trademarks.
SonicLiving reserves the right, in its sole discretion, to modify or replace any part of the Terms of Service. It is your responsibility to periodically check this Terms of Service for any changes. Your continued use of or access to the Website following the posting of any changes to this Agreement hereby constitutes an acceptance of those changes. SonicLiving may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms of Service.
SonicLiving may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your acceptance of the Terms of Service, you may simply discontinue using the Website. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, an intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Disclaimer of Warranties.
The Website is provided "as is". SONICLIVING AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER SONICLIVING NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
14. Limitation of Liability.
In no event will SonicLiving, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
a. any special, incidental or consequential damages;
b. the cost of procurement or substitute products or services; or
c. for interuption of use or loss or corruption of data. SonicLiving shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. General Representation and Warranty.
You represent and warrant that:
b. (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
17. Accuracy of Content.
SonicLiving works to provide the most accurate information available regarding upcoming concerts, artist information, and ticket availability. By agreeing to the Terms of Service, you agree and acknowledge that SonicLiving does NOT guarantee the accuracy of the information it provides, although we will go to reasonable efforts to provide accurate information. You agree that you are personally responsible for learning about this information on your own and that you will not hold SonicLiving liable in the event that you receive inaccurate information, suffer damages or any other inconvenience as a result of the receipt, use or reliance of any inaccurate information. You affirm that SonicLiving shall not allow you to access the information on its Website upon your failure to agree to any part of the Terms of Service.
19. Additional Terms.
The Website may integrate with other services provided by third parties, including but not limited to Pandora(R). If you access or use the Service through a third party website or other interface, or use a software or other product in connection with the Service, you may be subject to additional terms and conditions.
The Terms of Service constitutes the entire agreement between SonicLiving and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized representative of SonicLiving, or by the publishing by SonicLiving of a revised version on the Website. Except to the extent applicable law, if any, provides otherwise, the Terms of Service, any access to or use of the Website will be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Alameda County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Terms of Service to any party that consents to, and agrees to be bound by, its terms and conditions. SonicLiving may assign its rights under the Terms of Service without condition. The Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
21. Contact and Violations.
Please contact us with any questions or concerns regarding the Terms of Service at email@example.com.