Terms of Service - Setlister
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Terms of Service

Terms of Service

THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF") AND KREWE DE GROOVE, LLC ("OUR," "US," "WE" OR "SETLISTER"), WHICH GOVERNS YOUR USE OF THE SETLISTER WEBSITE, APPS, AND SERVICES, TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US (COLLECTIVELY, "THE SERVICE").

PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.

1. ACCESS TO THE SERVICE

1.1 You may use the Service only if you can legally form a binding contract with Setlister, and only in compliance with these Terms and all applicable laws. When you create your Setlister account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed. If you're based in the EEA, you may only use Setlister if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Setlister has been provided to us.

1.2 Subject to certain limitations as described herein, you are granted the right to access text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") under certain terms and conditions as set forth in this Agreement. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access.

2. YOUR REGISTRATION OBLIGATIONS

You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates.

You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service, as applicable. If you are already registered for the Service, you shall utilize your existing user ID and password in connection with your account (collectively referred to herein as "IDs"). If you are not already registered, you shall establish IDs.

You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so.

3. SERVICE FEES

3.1 By registering for the Service, you agree to pay the fees designated for the Service level you select and in accordance with this section 3.1. Additional charges may include purchases you make or service level changes you request.

3.2 Your subscription will continue automatically at the fee rate applicable to the Service, which you have selected unless terminated by Setlister or until you notify Setlister of your decision to cancel your subscription to the Service via your account portal.

3.3 Payment must be made by a major credit card accepted by Setlister, or any other methods of payment as Setlister may accept from time to time.

3.4 Setlister reserves the right, at any time, to change its fees and billing methods, including the addition of supplemental fees or separate charges for content, or services provided by Setlister.

4. TERMINATION / CANCELLATION / REFUNDS

4.1 To cancel your account or subscription, please contact us through your account portal or by email. If you cancel your subscription, Setlister will not refund any remaining portion of your subscription fees except as expressly provided for herein.

4.2 We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way.

4.3 You may terminate this Agreement by providing us with notice of your termination via your account portal and ceasing to use Service.

5. USER RESTRICTIONS

5.1 You may not use the Service to upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that:

  • Is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive
  • Violates any law or regulation or the rights of others
  • Causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service
  • Infringes any intellectual property, proprietary rights or confidentiality obligations of others

5.2 You may not use the Service to:

  • Attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else
  • Act in a way that affects or reflects negatively on us, the Service, or anyone else
  • Collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent

5.3 You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:

  • Accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access
  • Attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures
  • Attempting to interfere with or disrupt the Service or service to any user, processor, host or network
  • Sending unsolicited e-mail or other information, including promotions or advertising

6. INTELLECTUAL PROPERTY RIGHTS

6.1 The Content available through the Service is the property of Setlister or its Content Providers and is protected by copyright and other intellectual property laws. Content received through the Service may be accessed for your personal, non-commercial use only.

6.2 You acknowledge that Setlister retains exclusive ownership of the Service and all intellectual property rights associated therewith. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.

6.3 We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us immediately.

7. USER GENERATED CONTENT

7.1 The Service may offer interactive features that allow Registered Users to submit or post Content ("User Generated Content") or links to third party Content on areas of the Service accessible and viewable by other users of the Service and the public.

7.2 Setlister does not claim any ownership rights in User Generated Content that you transmit, submit, display or publish ("post") on, through or in connection with the Service. After posting your User Generated Content on, through or in connection with the Service, you continue to retain any such rights that you may have in your User Generated Content, subject to the limited license herein.

7.3 By posting any User Generated Content on, through or in connection with the Service, you hereby grant to Setlister a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Generated Content solely on, through or in connection with the Service.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE SETLISTER SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SETLISTER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

10. INDEMNITY

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your IDs.

These Terms shall be governed by the laws of the State of Colorado, without respect to its conflict of laws principles. The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Denver County, Colorado, and our dispute will be determined under Colorado law.

12. OBJECTIONABLE MATERIAL

You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Setlister shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

The Service may contain hyperlinks and pointers to other sites on the Internet that may be maintained by third parties ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Service and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of use and privacy policy and those Other Sites may have different practices and requirements than the Service.

14. SETLISTER PRIVACY POLICY

Setlister takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Service.

15. CUSTOMER SUPPORT

If you need assistance with your account, you may reach Customer Support at any time by email or through your account portal. Please note that these are the only methods to contact Setlister for Customer Support.

16. OTHER IMPORTANT PROVISIONS

16.1 You shall not use the Service in any manner contrary to local, state or federal law. Setlister expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or federal law.

16.2 Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

16.3 No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.

16.4 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Setlister without restriction.

16.5 This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service.

17. CHANGES OR MODIFICATIONS

We reserve the right to add, delete, change or modify parts of these Terms at our sole discretion and at any time without notice or liability to you. If we do this, we will post the changes to the Terms on this page and will indicate the effective date of the Terms at the bottom of the page. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms. Your continued use of the Service constitutes your acceptance of the new Terms.

Last updated: [Current Date]

For questions about these Terms of Service, please contact us at [Contact Information]