Songkick Terms and Conditions
SK Acquisition Ltd. (“Songkick”) via this website provides a resource for promoters of concerts and other events to create and send emails promoting these events and related offerings to Songkick’s subscribers (the “Product”). Songkick is the ultimate decision maker with regards to any emails to be sent out to Songkick subscribers by virtue of the use of the Product.
1. These Terms and Conditions
Songkick may amend the Agreement at its discretion by posting on the Website, or otherwise giving you notice of, updated versions of the Terms and Conditions and/or the Policy, and/or new guidelines, rules or operating policies. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at Songkick’s website.
Songkick may discontinue or revise any or all aspects or features of the Product in its sole discretion.
The Product is provided for business use only, and these Terms and Conditions therefore only apply to business users. Without limiting the foregoing, the Product is not available to individuals under the age of 18. By using the Product, you warrant and undertake that you are a business user and (if you are a sole trader) that you are 18 or older. If you are not using the Product for commercial, business or professional purposes, or if you are an individual under 18, you must not use the Product.
Songkick is dealing with you as principal and you are personally liable under these Terms and Conditions.
If you are accessing or using the Product through a third party service or website (“Third Party Service”), you agree and acknowledge that Songkick is not responsible or liable for any actions of the third party providing the Third Party Service, or for any loss or damage that you may suffer as a result of using such Third Party Service.
2. Copyright and Trademark Information
This Website, its content and all intellectual property rights therein are the property of Songkick and its affiliates and licensors. By accepting these Terms and Conditions and using the Product neither you nor the Artist(s) obtain or acquire any intellectual property rights in this Website and its content. Songkick product or service names or logos appearing on this Website are trademarks of Songkick and/or its affiliates.
3. Your undertakings
Without prejudice to the terms listed in the remainder of this Agreement (as defined in Section 4 below), you hereby undertake to:
- Use the Product only for lawful purposes and in accordance with all applicable laws and regulations.
- Pay for your use of the Product by way of a per message fee, as set out in Section 4 below.
If you are accessing or using the Product through a Third Party Service, you will abide by these Terms and Conditions regardless of anything to the contrary in your agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in these Terms and Conditions of Use.
4. Fees and Payment
4.1 Fees for Product. Fees for your use of the Product will be billed to you at the time of purchase. Fees are charged per e-mail and vary by country, depending on the currency of the transaction and applicable local taxes. Before you place an order you will be provided with the total fees for the selected campaign. Your order constitutes an offer which we may accept or reject at our discretion. We accept your order, and a binding contract comes into force between us, at the point when we (i) email you confirming your order, or (ii) accept your payment.
4.2 Payment. Payment must be made in advance. Until we receive your payment, in full and in cleared funds, we are under no obligation to send any emails on your behalf. You hereby authorise your debit or credit card to be charged at the point of purchase. We may at our discretion refund payments if you change your mind, but only if we receive your request to cancel at least 24 hours prior to the intended time of the campaign.
4.3 Payment Form. The information you provide when completing the payment form must be true, accurate, current, and complete. If Songkick finds that any such information is not true, accurate, current, or complete, it may reject your order, and if payment has been made Songkick has no obligation to refund you. Songkick is not liable for any loss or damage you may suffer as a result of providing information that is not true, accurate, current, and complete.
5. Email, Permission Practices, Image Hosting & Prohibited Content
5.1 Ultimate Decision Maker. You acknowledge that Songkick is the ultimate decision maker with regard to the emails sent out to Songkick subscribers on your behalf and may in its reasonable sole discretion decide not to send an email message you have requested be sent using the Product, by rejecting your order. Where this is the case, Songkick will inform you of the decision to reject your order without undue delay and refund any payments you have made on the order. If the decision made by Songkick to reject your order is based on a breach of the Agreement by you, and payment has been made by you, Songkick has no obligation to refund you.
5.2 Subscriber Opt Out. Every email message sent in connection with the Product will contain an “unsubscribe” link that allows subscribers to remove themselves from our list.
You acknowledge and agree that email messages sent using the Product are not guaranteed to be received by their intended recipients.
5.3 Permission Practices. If any email sent by Songkick on your behalf generates spam complaints from recipients, Songkick, in its sole discretion, may terminate your use of the Product and the rest of your campaign.
5.4 Footers. You acknowledge and agree that Songkick may add to every email message sent on your behalf identifying information stating “From your friends at Songkick” or a similar message.
5.5 Prohibited Content. Use of the Product or website is prohibited to any person or entity that:
- Provides, sells or offers to sell any of the following products or content (or services related to the same), in each case without regard to whether the emails to be sent by us relate specifically to these matters: pornography or sexual products or services, including but not limited to pornographic or sexual magazines, videos and software, and “escort” services; products which are illegal to be sold to the general public, including illegal drugs or illegal drug contraband; media content that infringes or can be used to infringe copyright, including pirated video and audio files, pirated computer programs and unauthorised streaming services; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
- Displays or markets material that exploits persons under 18 years of age.
- Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, (“spam”), such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, mortgage finance offers, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
- Provides material that is in Songkick’s opinion offensive, including expressions of discrimination, bigotry, prejudice, racism, hatred or profanity, or that is obscene, lewd, lascivious, violent, harassing or otherwise objectionable.
- Posts or discloses any personally identifying information or private information about any living person without their consent (or their parents’ consent in the case of a person under 18).
- Sells or promotes any unlawful product or service.
- Includes and/or seeks to spread malware such as viruses, worms, harmful code and/or Trojan horses on the Internet.
- Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick”, “build your wealth” and “financial independence” offerings.
- Engages in any libellous, defamatory, scandalous, threatening, harassing activity.
- Posts any content that advocates, promotes or otherwise encourages violence against any governments, organisations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
- Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
5.6 Right to Disable Access. Songkick, at its own discretion, may immediately disable your access to the Product without refund if Songkick believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
6. Restrictions and Responsibilities
6.1 No Rights in Software. Songkick gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive licence to use the software provided to you by Songkick, solely in order to make use of the Product in the manner permitted by this Agreement. You must not copy, modify, distribute, sell, or lease any part of the software, or reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Songkick’s written permission.
6.2 Compliance with Laws; Monitoring. You must use the Product only in compliance with this Agreement and all other applicable laws (including but not limited to policies and laws related to privacy, obscenity, defamation, and copyright and trademark infringement). Although Songkick has no obligation to monitor the content provided by you or your use of the Product, Songkick may do so and may block any email messages or prohibit any use of the Product that Songkick believes may be (or is alleged to be) in violation of the foregoing.
6.3 Indemnification. You hereby agree to indemnify Songkick and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents (“Songkick Indemnitees”) against any damages, losses, liabilities, settlements, and expenses (including without limitation legal costs and fees), in full and without limitation, in connection with any claim or action made or threatened that (i) arises from any alleged breach of this Agreement by you or any person acting under your instructions or on your behalf, or (ii) otherwise arises from or relates to your use of the Product.
6.4 Your Information. In using the varied features of the Product, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Songkick. Songkick may use this information and any technical information about your use of the Product to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. Except as described above, Songkick will not provide your information, including your contact and account information, to third parties who you have not authorised to receive such information, except (i) as required by law or court order, including without limitation judicial process and law enforcement, or (ii) in the good-faith belief that such action is necessary to comply with law or a court order. In the event Songkick amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.
6.5 Intellectual Property Rights and Confidentiality in Your Content. You must not upload to the Website or transmit by use of the Product any communications or content of any type that infringes, misappropriates or violates any rights of any party. By submitting material to the Website, or including it in emails to be sent using the Product, or submitting it to Songkick whether by email or otherwise, you (i) agree that such material is non-confidential for all purposes, and (ii) warrant that the Content you upload to the Website or transmit by use of the Product will not infringe the rights of any third party.
7.1 You may terminate this Agreement at any time by emailing firstname.lastname@example.org stating that you wish to terminate. Termination will be effective immediately on our receiving your email, provided that any emails due to be sent in the 24 hours from receipt will not be cancelled and you will be charged for them. Any emails due to be sent after 24 hours from receipt of your email will be cancelled and you will be entitled to a refund. Unless and until we have received your notice of termination by email, this Agreement will remain in force.
7.2 Songkick may terminate this Agreement, in each case at any time with or without cause, and with or without notice. If Songkick terminates the agreement because you have breached it, Songkick shall have no liability to you or any third party because of such termination or action. If Songkick terminates this Agreement for any other reason, we will refund to you all payments you have made for emails due to be sent after the time of termination.
8. Exclusion of Implied Terms
8.1 Use of the Product, and any reliance by you upon the Product, including any action taken by you because of such use or reliance, is at your sole risk. The Product is provided “as is” and Songkick does not undertake that the Product will be available on an uninterrupted basis, or error free; nor does Songkick give any assurance as to the results that may be obtained from use of the Product.
8.2 Songkick gives no assurances in relation to the quality of the Product, and any implied terms relating thereto are hereby excluded, including, but not limited to, any implied terms that the Product is of satisfactory quality, fit for any particular purpose, or non-infringing.
9. Limitation of Liability; Remedies
9.1 References to “liability” in this clause 9 include every kind of liability arising under or in connection with this Agreement, including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
9.2 Your sole remedies for any failure or non-performance of the Product shall be the right to require Songkick to use commercially reasonable efforts to rectify or repair the Product in order to send emails pursuant to your outstanding order(s), or, where this cannot be or has not been done in a reasonable time, to refund you the amounts paid for emails which have not been sent.
9.3 Nothing in this Agreement limits any liability which cannot legally be limited, including, but not limited to, liability for (i) death or personal injury caused by negligence, or (ii) fraud or fraudulent misrepresentation.
9.4 Subject to the foregoing, neither Songkick nor any of the Songkick Indemnitees shall be liable to you for any monetary damages, whether direct, indirect, special, incidental or consequential, even if we or they have been informed of the possibility of such damages, or for any losses arising from any claim made against you by any other party.
You must keep your username. Songkick will accept the instructions of any individual who presents your username, email and company address when accessing the Website. If any other person obtains access to these details, you must inform us immediately. Songkick is not liable for any loss or damage that you may suffer as a result of the actions of any individuals who access your account using your login details.
11.1 Severance. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be deemed deleted, but the rest of this Agreement will remain in full force and effect and enforceable.
11.2 Entire agreement. This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
11.3 Variation. You acknowledge and agree that Songkick may change this Agreement from time to time by publishing a new version on the Website.
11.4 No waiver. A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
11.5 Assignment. This Agreement may be assigned by Songkick to any entity which assumes its obligations and acquires ownership of or the right to use and license the Products. You may not assign this Agreement.
11.4 Force majeure. Songkick shall not be in breach of this Agreement or liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
11.5 Third party rights. Except that the Songkick Indemnitees may enforce the rights given to them under this Agreement directly against you, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. The rights of the parties to rescind or vary this Agreement are not subject to the consent of any other person.
11.6 Governing Law; Jurisdiction. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the law of England and Wales. ach party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
11.7 Survival. The provisions of this clause will survive the termination of this Agreement.
If you have any questions about the rights and restrictions above, please contact Songkick by email at email@example.com.