TERMS OF USE AGREEMENT
GENERAL DISCLAIMER
NOTICE OFF CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS
COPYRIGHT & TRADEMARK NOTICES
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TERMS OF USE AGREEMENT
Last updated: January 14, 2009
PLEASE READ THE TERMS OF USE BELOW.
These Terms of Use (the "TOU") state the terms and conditions under which SSPV, Inc. and its affiliates (collectively, "SSPV," “TunedIN” “TunedIN SF” "our" or "us") provide you ("you," or "your") access to the Tunedinsf.com site (together with any sub-domains thereto and future sites operated by SSPV, the "Sites," which defined term includes the Services, as defined below).
BY ACCESSING, BROWSING, OR USING THE SITES AND SERVICES (AS DEFINED BELOW), YOU ARE DEEMED TO ACCEPT THE TOU, AS WELL AS OUR PRIVACY POLICY
AND GENERAL DISCLAIMER (each of which is incorporated herein by reference), AS A BINDING AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TOU, THE PRIVACY POLICY,
OR THE GENERAL DISCLAIMER, PLEASE DO NOT ACCESS OR USE THE SERVICES (as defined below). YOUR USE OF THE SITES AND SERVICES AND INFORMATION PROVIDED THEREIN MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
DESCRIPTION OF SITES AND SERVICES
Through the tunedinsf.com website, TunedIN provides users with access to live music and event listings, including but not limited to, text, data, information, software, photos, videos, graphics, music, and other material and services contained or provided therein (the “TunedIN Service”) (the TunedIN Service, collectively with the Sites, the “Services”). Please note that the Services include information and software provided from our third party licensors. Unless explicitly stated otherwise, any modifications, updates, new features, or enhancements to the current Services are also subject to the TOU.
ACCEPTANCE OF TERMS; CHANGES TO TOU
SSPV provides the Services to you subject to the following TOU, which may be updated by us from time to time in our sole discretion. Each time changes are made to the TOU, a revised TOU will be posted on the Sites. Your continued use of the Services, or any part thereof, following the posting of changes constitutes your acceptance of such changes. If you do not wish to be bound by the TOU, you should discontinue your use of the Services.
YOUR LICENSE TO USE THE SERVICES
SSPV grants you a personal, non-exclusive, non-transferable, revocable license to use the Services, including the Sites. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Services, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of SSPV and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Except as otherwise expressly permitted in this Agreement, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, except as otherwise permitted by applicable law; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Services. You may not access the Services by any means other than through the interface that is provided by SSPV. Furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not access the Services in an automated manner by use of "spiders", "robots" or otherwise), nor may you use the Services in any manner that could interfere with any other party's use and enjoyment of the Services. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Services. All commercial and/or unauthorized use of the Services is strictly prohibited. You agree not to use or resell the Services for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
The Services remain at all times the sole property of SSPV or its third party licensors, and their use is subject to the copyright and trademark notices that are found here.
All rights in the Services not expressly granted to you by SSPV under the TOU are retained by SSPV.
Additionally, notwithstanding anything set forth in this section of the TOU, please note that all Wikipedia content is licensed under the GNU Free Documentation License (see "http://en.wikipedia.org/wiki/Wikipedia:Copyrights" for details).
SSPV'S PRIVACY POLICY
SSPV protects your personally identifiable data as set forth in SSPV's privacy policy (the "Privacy Policy" ). The Privacy Policy explains our collection and use of personally identifiable information. We encourage you to review our Privacy Policy before you use the Services.
POSTINGS TO THE SERVICES
The Services may permit you to post, submit, transmit, email, or otherwise make available details, descriptions, comments, reviews or information (collectively, "Postings".) You may only submit Postings that you created or that you have permission to submit and that do not violate copyright, trademark, or any other rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings to any of the other Services, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known.
You may not upload, post, submit, email, transmit, or otherwise make available any Postings that (i) contain falsehoods or misrepresentations that could damage SSPV or any third party; (ii) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) contain advertisements, solicitations of business or spam; (iv) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (v) collect or store personal information about others or otherwise invade their privacy; or (vi) impersonate another person or forge headers or use any other method to disguise the true origin of the Posting. Additionally, you may not submit any Postings that violate the TOU.
You acknowledge that SSPV is not obligated to pre-screen content submitted by users, but that SSPV shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via SSPV by any user that violates the TOU or is otherwise objectionable.
SSPV respects the intellectual property of others and asks you to do the same. SSPV may, in appropriate circumstances and at its sole discretion, terminate your right to use any of the Services for any reason, including, but not limited to, if you are a repeat infringer. 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 see Notice of Claims of Intellectual Property Violations and Agent for Notice.
MODIFICATIONS TO THE SERVICES
SSPV reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that SSPV shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
DEALINGS WITH ADVERTISERS OR THIRD PARTY VENDORS
SSPV may include advertisements on the Services, which are necessary for SSPV to provide the Services to its users free of charge. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Services, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You agree that SSPV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Services.
LINKS; CO-BRANDING
The Services may provide, or third parties may provide, links to other World Wide Web sites. Additionally, in many cases, co-branded services that are jointly provided by us and selected companies will contain the Services' branding, but might not be hosted by us. Because SSPV has no control over such sites, you acknowledge and agree that SSPV is not responsible for the availability of such external or co-branded sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You should not attribute any views or information on such sites to SSPV. You further acknowledge and agree that SSPV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You should follow the link to the terms of use on the appropriate page for such sites to determine which company's terms of use governs such sites.
Anyone linking to the Services must comply with the following guidelines and all applicable laws: A site that links to any Service (i) may link to but not replicate any Service's content; (ii) should not create a browser or border environment around any Service's content; (iii) should not imply that SSPV is endorsing it or its products; (iv) should not misrepresent its relationship with SSPV or any Service; (v) should not present false information about SSPV or any Service; (iv) should not use any of SSPV's trademarks, trade names, or logos without permission from SSPV; and (vi) should not contain content that is reasonably considered profanity, defamatory, vulgar, or otherwise unlawful.
DISCLAIMER
WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE SERVICES. ADDITIONALLY, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. SSPV, AND ITS THIRD-PARTY LICENSORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
SSPV, ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NEITHER WE, NOR OUR LICENSORS OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE SERVICES. THE SERVICES MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SERVICES.
ADDITIONALLY, PLEASE REVIEW OUR GENERAL DISCLAIMER, WHICH IS HEREBY MADE A PART OF THE TOU.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO A PORTION OF THE FOREGOING MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THE MINIMUM PERIOD PERMISSIBLE UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
NONE OF THE LICENSORS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE SERVICES IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER WE NOR OUR LICENSORS OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE SERVICES AND/OR ANY MATERIAL LINKED THROUGH THE SERVICES.
INDEMNIFICATION
You agree to indemnify and hold SSPV, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys' fees and costs of litigation, arising from (i) your Postings or other content you submit, post, transmit, email, or otherwise make available through the Services, (ii) your use of or reliance on the Services, (iii) your connection to the Services, (iv) your violation of the TOU, or (v) your violation of any rights of another party.
TRADEMARK INFORMATION
TunedIN and other Services names, trademarks and logos are trademarks of SSPV or its third-party licensors. Without our written prior permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of SSPV. The trademarks, logos, and service marks not owned on behalf of SSPV and that are displayed on the Services are the registered or unregistered marks of their respective owners. No rights are granted by SSPV to use such marks, whether by implication, estoppel, or otherwise.
CHOICE OF LAW AND FORUM
The TOU and the relationship between you and SSPV shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SSPV agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marin, California.
SEVERABILITY; ENGLISH LANGUAGE
If any provision in the TOU should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOU if no such modification is possible, and the other provisions of the TOU shall remain in full force and effect. The controlling language of the TOU is English. If you have received a translation into another language, it has been provided for your convenience only.
LOCATION OUTSIDE THE U.S.
If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Services, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the TOU enforceable.
GENERAL TERMS
We do not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. You agree that this Agreement and all incorporated agreements may be automatically assigned by SSPV, in our sole discretion, to a third party in the event of a merger or acquisition. The headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
The TOU constitute the entire agreement between you and SSPV and govern your use of the Services, superseding any prior agreements between you and SSPV.
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GENERAL DISCLAIMER
Last updated: January 14, 2009
No Guarantee of Validity
The contents of all material available on Tunedinsf.com and other related services (collectively, the "Services") of SSPV, Inc. ("SSPV") are intended to provide useful information for its users.
While SSPV makes every effort to present accurate and reliable information in its Services, SSPV does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information in the Services may or may not be current as of the date of your access, and SSPV has no duty to update and maintain the information, reports, or statements on the Services. Additionally, the information in the Services may be changed periodically without prior notice. All content in the Services is provided "as is." Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.
None of the licensors, contributors, sponsors, administrators, or anyone else connected with the Services in any way whatsoever can be responsible for the appearance of any inaccurate information or for your use of the information contained in or linked from the Services.
External Links
SSPV also provides external links to other websites. SSPV makes no representation whatsoever regarding the content of any other websites that you may access from the Services. SSPV has no control over the content of these websites and cannot guarantee the reliability or accuracy of any information linked externally.
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NOTICE OF CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS
It is the policy of SSPV, Inc. to respect the legitimate rights of copyright and other intellectual property owners. If you believe that your work has been copied and is accessible on the TunedIN service in a way that constitutes copyright infringement, you may notify SSPV, Inc. by providing SSPV Inc.’s copyright agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on any of SSPV, Inc.'s sites or services, with enough detail that we may find it on our web site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
By submitting a complaint, you represent, under penalty of perjury, that the above information is accurate, that you are the copyright owner or are authorized to act on such person's behalf, and that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
By mail:
SSPV, Inc. Copyright Dept.
40 Center Street
San Francisco CA 94901
You may also contact us via email: contact@tunedinsf.com
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COPYRIGHT & TRADEMARK NOTICES
(Copyright (c) 2009 SSPV, Inc. All rights reserved.)
All text, graphics, designs, selections, and the arrangement of information on this website are protected by U.S. and International Copyright Laws. SSPV, Inc.'s proprietary rights extend not only to the layout and design of this website, but also to the content contained thereon, unless otherwise indicated.
Wikipedia - All articles are licensed under the GNU Free Documentation License. (see "http://en.wikipedia.org/wiki/Wikipedia:Copyrights" for details).