Terms of Use

Last Updated: October 30, 2011

Your use of the Setliting.com website ("the Website") is subject to these Terms of Use (these "Terms of Use"). By using the Website, you agree to use the Website in compliance with these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.

The terms "you", "your" and "yours" refer to you, the user of the Website. The terms "Setlisting", "Setlisting.com", "Company", "we", "us" and "our" refer to Music Chronology, LLC, the creators of Setlisting.com. We may make changes to these Terms of Use and it is your responsibility to review the most recent version of these Terms of Use and remain informed of any changes to it. You agree that your continued use of the Website after such changes have been published shall constitute your acceptance of the revised Terms of Use.

License to Use the Website

Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Website for your personal use and not for resale or further distribution. Your right to use the Website is limited by the terms in these Terms of Use.

Except for this license granted to you, we retain all right, title, and interest in and to the Website, including related intellectual property rights. The Website is protected by applicable intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) copy, modify, translate, enhance, reverse engineer, or create derivative works of the Website; (b) lease access to the Website; nor (c) circumvent or disable any security or technological features of the Website.

Access to the Website

The equipment required to access the Website is not provided by us to you. You are responsible for all fees charged by Internet Services Providers to access the Website.

Modifications to the Website

We reserve the right to modify or discontinue all or a part of the Website without notice. We will not be liable to you or to any third party for any modification or discontinuance of the Website.

We also reserve the right to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Website at any time, for any or no reason, with or without prior notice, and without liability.

You must be 13 or older to register as a user or to use the Website.

Restrictions

You must comply with all applicable laws, including U.S. export control laws, when using the Website.

Except as may be expressly permitted by applicable law, authorized by us in writing or authorized by the applicable holder of intellectual property rights to any of the information; audio, visual, and audiovisual works; or other content made available on the Website ("Website Content"), you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the Website Content or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease, or sublicense your access to the Website to another person; (d) use the Website or Website Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (f) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or Website Content.

Third Party Content

The Website may contain links to third party services and websites. We exercise no control over the third party services and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, or other materials available through the third party services, and websites. We are not be responsible for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Privacy Policy

See our Privacy Policy available at /site/privacy_policy which identifies the information we may collect from you and how it is handled.

Password Restricted Sections of the Website

Certain sections of the Website may be restricted by passwords to registered users. If you have registered as an authorized user to gain access to these restricted sections, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to immediately notify Setlisting if the password is lost, stolen, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities.

User Submissions

The Website allows you and other third parties to post information to the Website, including images, reviews and comments. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Website are those of the respective authors or producers and not of the Company, or its shareholders, directors, officers, or employees.

The Company does not control the content posted by third parties via the Website and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Company, its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available.

You agree that the Company is free to use any images, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings to the Website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website and our products and services.

Additionally, by posting any Submission on the Website, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable,worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Website does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Website.

Use Restrictions

You are solely responsible for any content that you submit, publish or display on the Website or transmit to other registered users and/or other Website users.

You agree that you will not use the Website to: (a) upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL to the extent not already publicly available), unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of others' privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm the Company or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users.

If you see content on the Website that violates these use restrictions, please contact Company at contact@setlisting.com.

Disclaimer of Warranties

User acknowledges that we have no control over, and no duty to take any action regarding: which users gains access to the Website, what a user accesses via the Website; what effects the Website content may have on you, how you may interpret or use the Website content; or what actions you may take as a result of having been exposed to the Website content. You release us from all liability for you having acquired or not acquired the Website content. The Website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Setlisting makes no representations concerning any content contained in or accessed through the Website, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

Limitation of Liability

THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at contact@setlisting.com and provide the Company's copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (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, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a 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; and (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 Company's agent for notice of claims of copyright infringement on this site can be reached using the contact information stated in the "Contact Us" section of this policy.

Indemnity

You will indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Website or Website Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of the Website or Website Content.

Updates to Terms of Use

We may occasionally update the Website and these Terms of Use. When we do, we will revise the "last updated" date on these Terms of Use. You should check the Website and these Terms of Use frequently to see recent changes. Your continued use of the Website after such changes will be subject to the then-current terms of use. This version of these Terms of Use shall supersede all earlier versions.

Legal Notices

Enforcement of these Terms of Use will be governed by New Jersey state law, excluding its conflict and choice of law principles. The failure of Company to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.