MusicMob Terms of Service

Please read the following terms and conditions (“Terms”) carefully. These Terms govern your access to and use of the Services (as described below), and constitute a binding legal agreement between you, as a user of the Services, and MusicMob. Your access to and use of the Services is conditioned on your compliance with these Terms. By accessing and/or using the Services, you agree to be bound by these Terms.

Services.

MusicMob provides an online platform (the “Platform”) that connects individuals and concert promoters, artists, performers and bands to information about their concerts, shows and other events (“Events”), and allows people to spread the word about these events through the Services and through their accounts on social networking sites (collectively, the “Services”).

You can use the Services to promote and spread the word about Events, to purchase tickets for Events, and to buy merchandise related to an Event. You can also earn rewards or credits towards Event-related merchandise by inviting your friends to purchase tickets to an Event that you’ve linked to your social networking website profile pages, by donating your status on your social networking profile pages (such as your Facebook or Twitter profile page or other social networking sites as we make them available), or by creating your own Event page through the Services and adding your own message about it.

MusciMob Account

In order to enable and use certain Services, you will need to create a MusicMob account (“Account”). To create an Account you must be of legal age to form a binding contract. When you register, you will be asked to choose a user name and a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You should notify MusicMob immediately of any unauthorized use of your password or your Account. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. By creating an Account you consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services.

Privacy.

When you use the Services, MusicMob will collect certain personally identifiable information from you as set forth in more detail in the MusicMob Privacy Policy, which is hereby incorporated by reference. When you use the Services, MusicMob has access to, and in many cases will monitor, your usage of the Services as you send and receive Content. By using the Services, you have indicated that you agree that MusicMob may collect, use and disclose information you provide during your use of the Services, as set forth in the Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving.

Purchasing Tickets or Merchandise. You may purchase tickets for Events through the Services. You may also purchase Event-related merchandise through the Services. If you purchase tickets or merchandise through the Services, MusicMob, or its third-party payment service provider authorized to accept payments on MusicMob’s behalf (such as Paypal or Amazon), will charge your designated payment account for your purchase. The terms of your payment will be based on your payment method and as determined by the agreement between you and your financial institution, credit card issuer or account holder. Except as otherwise provided by the applicable concert promoter, after MusicMob processes your purchase, the transaction is final and not subject to dispute. You are solely responsible for ensuring that you have selected the correct Event to purchase tickets for. It is also your responsibility to verify the accuracy of any statements made by each individual Event promoted through the Services (including accuracy of the date, time, and location of a given event). MusicMob shall have no liability for any disputes related to tickets purchased through the Services. For ticket purchases, MusicMob will remit payment to the designated concert promoter upon completion of the transaction. Ticket purchases processed through the Services will include the cost of the Event itself as specified by the concert promoter, plus any applicable service fees for transacting and processing the purchase. The amount of the applicable service fee for a given Event that you purchase tickets for will be indentified on the payment page when you are making your purchase. Content. Concert promoters, artists, musicians, and performers will create Event pages through the Services to promote and provide information about their Events. All information, data, text, graphics, images, video, or other materials that is made available through the Services (“Content”) is the sole responsibility of the person from whom such Content originated. You can also create an Event page related to an Event through the Services. You are responsible for any Content that you post, upload and otherwise submit and the consequences of posting or publishing it. By submitting Content to MusicMob, you hereby grant MusicMob a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and MusicMob's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. By submitting Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize MusicMob to use all rights in and to any and all of your Content in the manner contemplated by the Services and these Terms. In connection with submitting Content, you further agree that you will not: (i) submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law; (ii) publish falsehoods or misrepresentations that could damage MusicMob or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements; or (v) impersonate another person. MusicMob does not endorse any Content or any opinion, recommendation, or advice expressed therein, and MusicMob expressly disclaims any and all liability in connection with any Content. You agree that you must evaluate and bear all risks associated with your use of or reliance on any Content in an Event and you understand that by using the Services, you may be exposed to Content that may be inaccurate, misleading, or otherwise objectionable. You also understand that MusicMob does not pre-screen or approve any Event or its Content in advance. MusicMob may (but is not obligated to) remove such Content and/or terminate your access for uploading material in violation of these Terms at any time, without prior notice and at its sole discretion. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available Content or other materials that are believed to violate these Terms. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) 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. You may contact our Copyright Agent at support@musicmob.com. It is the policy of MusicMob to terminate a person’s Account or access to the Services if they repeatedly infringe the copyright rights of others. Restrictions. The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services: (i) upload, post, email or otherwise transmit (1) any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); or (2) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (ii) use the Services to collect or store personal data about other users without their express permission; (iii) knowingly include or use any false or inaccurate information in any profile; (iv) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any member or other user to the Services; (v) circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content; (vi) use any meta tags or other hidden text or metadata utilizing a MusicMob name, trademark, URL or product name; (vii) attempt to probe, scan or test the vulnerability of any MusicMob system or network or breach or impair or circumvent any security or authentication measures protecting the Services; (viii) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services; (ix) use the Services in any way that competes with MusicMob; or (x) encourage or instruct any other individual to do any of the foregoing. Termination; Cancellation. We may immediately terminate or suspend your access to the Services and remove any material (including any Content provided by you) from the Services or our servers, in the event that you breach these Terms, at our sole discretion and without prior notice to you. Notwithstanding the foregoing, we also reserve the right to terminate the Services or your access thereto at any time and for any reason. After such termination, you understand and acknowledge that MusicMob will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. MusicMob will not be liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, MusicMob will have no obligation to maintain any information stored in our database related to your Event or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to MusicMob under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. Ownership of the Services; Licenses from MusicMob. The Services and the Platform are protected by copyright, trademark, and other laws of the United States and foreign countries. MusicMob and its licensors exclusively own all right, title and interest in and to the Services and the Platform, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or the Platform. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Services (“Feedback”) will be the sole and exclusive property of MusicMob and you hereby irrevocably assign to MusicMob all of your right, title, and interest in and to all Feedback. Subject to your compliance with the terms and conditions of these Terms, MusicMob grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by MusicMob solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MusicMob or its licensors, except for the licenses and rights expressly granted in these Terms. Third Party Websites. The Services may provide links to third party websites or resources as well as links to special offers for events or deals that we think may be of interest to you. You acknowledge and agree that MusicMob is not responsible or liable for the availability or accuracy of, and MusicMob does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources, or other special offers. Disclaimers. Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. MUSICMOB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. MusicMob disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services and/or Content will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from MusicMob, will create any warranty not expressly stated in this Agreement. Indemnity. You agree to defend, indemnify, and hold MusicMob, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, (“Claims”) arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right. In addition, if you are a concert promoter or an affiliated company that is creating Events through the Services, you also agree to defend, indemnify and hold MusicMob, its officers, directors, employees and agents, harmless from and against any Claims arising out of or in any way connected with any Event and the representations (including any misrepresentations or omissions) by you in connection with the Event or the status of the music event promoted by the Event. Limitation of Liability. IN NO EVENT WILL MUSICMOB, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MUSICMOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL MUSICMOB’S CUMULATIVE LIABILITY TO YOU EXCEED $100. Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. General. These Terms shall be governed by the laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and MusicMob that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. These Terms shall constitute the entire agreement between you and MusicMob concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and MusicMob's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. MusicMob reserves the right, in its sole discretion, to modify, discontinue or terminate the Services at any time, or modify these Terms without notice. All modified terms and conditions will be effective after the new terms and conditions have been posted on the MusicMob website. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your Account. By continuing to access or use the Services after we have posted the new terms and conditions on the site, you agree to be bound by such changes. If you have any questions about these Terms, please contact us at support@musicmob.com. Last updated as of: March 24, 2010