Terms of Service
The following terms and conditions govern all use of the SonicLiving.com website and all content, services and products available at or through SonicLiving.com including but not limited to the SonicLiving iTunes Scanning Application (taken together, "SonicLiving", "The Website" or "The Service"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Website.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you ("You" or "The User") agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. By using the Website, you are affirming that you have the right and authority to enter into these Terms of Service and use the Website, you are 13 years old or older, and all information provided by you to SonicLiving is accurate, valid, current and complete to the best of your knowledge.
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
If you create an account, show calendar, and profile on the Website, you are responsible for maintaining the security of your account and password, and you are fully 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 communications with other Users. You must not assign Wishlist matches that are intentionally misleading, including in a manner intended to trade on the name or reputation of others, and SonicLiving may change or remove any comments, event details, or Wishlist terms that it considers inappropriate or unlawful, or otherwise likely to cause SonicLiving liability. You must immediately notify SonicLiving of any unauthorized uses of your profile, your account or any other breaches of security. SonicLiving will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
If you comment on an event, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, malware or other harmful or destructive content;
* the Content 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);
* the Content 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;
* 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;
* 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 is not the name of a person other than yourself or company other than your own; and
* you have, in the case of Content 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
Users may not make public their telephone numbers, street address, or last names on the Website.
4. User Content
By submitting Content 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 Content solely for the purpose of displaying, distributing and promoting your event. If you delete Content, SonicLiving will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, SonicLiving has the right (though not the obligation) to, in SonicLiving's sole discretion (i) refuse or remove any content that, in SonicLiving's reasonable opinion, violates any SonicLiving policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SonicLiving's sole discretion.
By agreeing to these Terms, 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 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 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 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, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, SonicLiving does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking 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 SonicLiving.com links, and that link to SonicLiving.com. SonicLiving does not have any control over those non-SonicLiving websites and webpages, and is not responsible for their contents 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 precautions as necessary 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 "iTunes Scanner")
If you choose to install the iTunes Scanner, the terms of this Agreement applies to the installation and use of our application. In addition, you agree to the following terms and conditions:
i. You are aware of and agree to the terms of our Privacy Policy concerning the iTunes Scanner.
ii. By agreeing to these terms you are affirming that you understand the way the iTunes Scanner operates, which is as follows:
- The iTunes Scanner 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 SonicLiving.com, and proceed to running the iTunes Scanner, 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 saved by SonicLiving in our databases.
iii. All Rights are Reserved on the SonicLiving iTunes Scanner. You agree that the iTunes Scanning Software is the property of SonicLiving. You agree that any action taken to reproduce, copy, publish, or distribute the iTunes Scanning software is strictly prohibited. You agree not to modify or create derivative works based on the iTunes Scanner Software. You agree not to compromise the security of the iTunes Scanning software by cicumventing any technology used to protect it.
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 discretion, terminate or deny access to and use of the Website.
10. Intellectual Property
This Agreement does 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. SonicLiving, SonicLiving.com, the SonicLiving.com logo, and all other trademarks, service marks, graphics and logos used in connection with SonicLiving.com, or the Website are 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.
11. Changes
SonicLiving reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes 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 and conditions of this Agreement.
12. Termination
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 this Agreement or your SonicLiving.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, 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: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) 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 (i) your use of the Website will be in strict accordance with the SonicLiving Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
16. Indemnification
You agree to indemnify and hold harmless SonicLiving, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
17. Accuracy of content
SonicLiving works to provide the most accurate information available regarding upcoming concerts, artist information, and ticket availability. By agreeing to these Terms, you agree 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 from monetary damage or some other inconvenience as a result of inaccurate information. You affirm that if you did not agree to the Terms in this paragraph, SonicLiving would not allow you to access the information on its Website.
18. Disputes
If a matter or dispute arises that is not covered by this Agreement, SonicLiving will resolve it with our full discretion to the best of our ability and within the governing law. If a User disagrees with the resolution, their ability to use the Service will be revoked. A User is solely responsible for his/ her interaction with other Users of the Service. SonicLiving has no obligation to monitor disputes between Users.
19. Additional Terms
The Website may integrate with other services provided by third parties, including but not limited to Pandora, Inc.. 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.
20. Miscellaneous
This Agreement constitutes the entire agreement between SonicLiving and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SonicLiving, or by the posting by SonicLiving of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, 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 this Agreement 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 this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SonicLiving may assign its rights under this Agreement without condition. This Agreement 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 iheartmusic@sonicliving.com
