The Concert Goer.com may modify this Agreement from time to time and such modification shall be effective upon posting by The Concert Goer.com on the The Concert Goer Website. You agree to be bound to any changes to this Agreement when you use the The Concert Goer Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on The Concert Goer.com and that you provide to other Users. Your The Concert Goer.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other The Concert Goer.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and The Concert Goer.com assumes no responsibility or liability for this material. If you become aware of misuse of the The Concert Goer Services by any person, please contact The Concert Goer or click on the "Report Inappropriate Content" link at the bottom of any The Concert Goer.com page.
The Concert Goer.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the The Concert Goer Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Use of and Membership in the The Concert Goer Services is void where prohibited. By using the The Concert Goer Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the The Concert Goer Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
- Term. This Agreement shall remain in full force and effect while you use the The Concert Goer Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. The Concert Goer.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
- Fees. You acknowledge that The Concert Goer.com reserves the right to charge for the The Concert Goer Services and to change its fees from time to time in its discretion. If The Concert Goer.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify The Concert Goer.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. The Concert Goer Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The Concert Goer.com. Illegal and/or unauthorized use of the The Concert Goer Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the The Concert Goer Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the The Concert Goer Services.
- Proprietary Rights in Content on The Concert Goer.com.
- The Concert Goer.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the The Concert Goer Services. After posting your Content to the The Concert Goer Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the The Concert Goer Services, you hereby grant to The Concert Goer.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the The Concert Goer Services.
Without this license, The Concert Goer.com would be unable to provide the The Concert Goer Services. For example, without the right to modify Member Content, The Concert Goer.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, The Concert Goer.com could not allow Users to listen to music posted by Members. The license you grant to The Concert Goer.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to The Concert Goer.com), fully-paid and royalty-free (meaning that The Concert Goer.com is not required to pay you for the use on the The Concert Goer Services of the Content that you post), sublicensable (so that The Concert Goer.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the The Concert Goer Services), and worldwide (because the Internet and the The Concert Goer Services are global in reach). This license will terminate at the time you remove your Content from the The Concert Goer Services. The license does not grant The Concert Goer.com the right to sell your Content, nor does the license grant The Concert Goer.com the right to distribute your Content outside of the The Concert Goer Services.
- You represent and warrant that: (i) you own the Content posted by you on or through the The Concert Goer Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the The Concert Goer Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the The Concert Goer Services.
- The Concert Goer Services contain Content of The Concert Goer.com ("The Concert Goer.com Content"). The Concert Goer.com Content is protected by copyright, trademark, patent, trade secret and other laws, and The Concert Goer.com owns and retains all rights in the The Concert Goer.com Content and the The Concert Goer Services. The Concert Goer.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the The Concert Goer.com Content (excluding any software code) solely for your personal use in connection with viewing the The Concert Goer Website and using the The Concert Goer Services.
- The The Concert Goer Services contain Content of Users and other The Concert Goer.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the The Concert Goer Services.
- Content Posted.
- The Concert Goer.com may delete any Content that in the sole judgment of The Concert Goer.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. The Concert Goer.com assumes no responsibility for monitoring the The Concert Goer Services for inappropriate Content or conduct. If at any time The Concert Goer.com chooses, in its sole discretion, to monitor the The Concert Goer Services, The Concert Goer.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the The Concert Goer Services, and any material or information that you transmit to other Members and for your interactions with other Users. The Concert Goer.com does not endorse and has no control over the Content. Content is not necessarily reviewed by The Concert Goer.com prior to posting and does not necessarily reflect the opinions or policies of The Concert Goer.com. The Concert Goer.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the The Concert Goer Services. The Concert Goer.com reserves the right to investigate and take appropriate legal action against anyone who, in The Concert Goer.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the The Concert Goer Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of The Concert Goer.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the The Concert Goer Website and through your use of the The Concert Goer Services. The Concert Goer.com reserves the right to investigate and take appropriate legal action against anyone who, in The Concert Goer.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the The Concert Goer Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the The Concert Goer Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, The Concert Goer.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which The Concert Goer.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the The Concert Goer Services, you acknowledge that you will have caused substantial harm to The Concert Goer.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay The Concert Goer.com $50 for each such unsolicited email or other unsolicited communication you send through the The Concert Goer Services;
- covering or obscuring the banner advertisements on your personal profile page, or any The Concert Goer.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add concertgoers or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the The Concert Goer Services or the networks or services connected to the The Concert Goer Services;
- attempting to impersonate another Member or person;
- for band profiles, copying the code for your The Concert Goer Player and embedding it into other profiles or asking other Members to embed it into their profiles;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the The Concert Goer Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the The Concert Goer Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" concertgoers, or sending private messages with a commercial purpose; or
- using the The Concert Goer Services in a manner inconsistent with any and all applicable laws and regulations.
may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such
proprietary rights. It is the policy of The Concert Goer.com to terminate
Membership privileges of any Member who repeatedly infringes the copyright
rights of others upon receipt of prompt notification to The Concert Goer.com
by the copyright owner or the copyright owner's legal agent. Without
limiting the foregoing, if you believe that your work has been copied and
posted on the The Concert Goer 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 The Concert Goer 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. The Concert Goer.com's
Copyright Agent for notice of claims of copyright infringement can be
reached as follows: Copyright Agent, The Concert Goer, Inc.,
8391 Beverly Blvd., #349, Los Angeles, CA 90048; Facsimile: (310) 969-7394; Attn: Copyright Agent; Email: copyrightagent@The Concert Goer.com.
- Member Disputes. You are solely responsible for your interactions with other The Concert Goer.com Members. The Concert Goer.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Disclaimers. The Concert Goer.com is not responsible for any incorrect or inaccurate Content posted on the The Concert Goer Website or in connection with the The Concert Goer Services, whether caused by Users of the The Concert Goer Services or by any of the equipment or programming associated with or utilized in the The Concert Goer Services. Profiles created and posted by Members on the The Concert Goer Website may contain links to other websites. The Concert Goer.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by The Concert Goer.com. Inclusion of any linked website on the The Concert Goer Services does not imply approval or endorsement of the linked website by The Concert Goer.com. When you access these third-party sites, you do so at your own risk. The Concert Goer.com takes no responsibility for third party advertisements which are posted on this The Concert Goer Website or through the The Concert Goer Services, nor does it take any responsibility for the goods or services provided by its advertisers. The Concert Goer.com is not responsible for the conduct, whether online or offline, of any User of the The Concert Goer Services. The Concert Goer.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. The Concert Goer.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the The Concert Goer Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the The Concert Goer Services. Under no circumstances shall The Concert Goer.com be responsible for any loss or damage, including personal injury or death, resulting from use of the The Concert Goer Services, attendance at a The Concert Goer.com event, from any Content posted on or through the The Concert Goer Services, or from the conduct of any Users of the The Concert Goer Services, whether online or offline. The The Concert Goer Services are provided "AS-IS" and as available and The Concert Goer.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Concert Goer.com cannot guarantee and does not promise any specific results from use of the The Concert Goer Services.
- Limitation on Liability. IN NO EVENT SHALL THE CONCERT GOER.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE CONCERT GOER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE CONCERT GOER.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE CONCERT GOER.COM FOR THE THE CONCERT GOER SERVICES DURING THE TERM OF MEMBERSHIP.
Export Controls. Software available in connection with the The Concert Goer Services (the "Software") is further subject to U.S. export controls. No Software may be downloaded from the The Concert Goer Services or otherwise exported or re-exported in violation of United States export laws. Downloading or using the Software is at your sole risk. U.S.
- Disputes. If there is any dispute about or involving the The Concert Goer Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either The Concert Goer.com or you may demand that any dispute between The Concert Goer.com and you about or involving the The Concert Goer Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent The Concert Goer.com from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold The Concert Goer.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the The Concert Goer Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the The Concert Goer Website or through the The Concert Goer Services causes The Concert Goer.com to be liable to another.
- Other. This Agreement is accepted upon your use of the The Concert Goer Website or any of the The Concert Goer Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and The Concert Goer.com regarding the use of the The Concert Goer Services. The failure of The Concert Goer.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Concert Goer.com is a trademark of The Concert Goer, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact The Concert Goer with any questions regarding this Agreement.