The parties agree as follows.
“Website” is the Social Concert website located at URL http://www.qbox.com/.
“Services” are the services provided by Qbox.com through or in connection with the Website, which may include promoting musical concerts.
“To use" or "using" means any time an individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with functionalities (display, view, print or copy) from the Website, transmit, receive or exchange data or communicate with the Website, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Website, for any purpose whatsoever.
3. Reservation of Rights
4. Social Concert’s Content
(ii) You are only authorized to visit, view, download, publish, modify or otherwise distribute the material on the Website for your own personal use, to review event and promotional information, or to purchase tickets or merchandise. Nothing in this license, or in the Website, shall be construed as granting you any other rights or privileges of any kind with respect to the Website, any content on the site or the Services.
(iii) You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Social Concert website, services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Website or Services or proprietary information related thereto. You will not remove, obscure, or alter Social Concert's copyright notice, or other proprietary rights notices affixed to or contained within any Social Concert services, software, or documentation.
(iv) "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
5. User Content
Social Concert may provide you with functionalities on the Website to contribute to the Website, which may include, but not be limited to, uploading your user profile, participating in chats, using bulletin boards, uploading photos or providing ratings and reviews.
- (i) Any documents, messages, graphics, images, files, data and other information posted on the Website by you (“User Content”) shall remain your sole and exclusive property.
- (ii) When you post User Content on the Website, You agree to grant Social Concert (and its affiliates and sublicensees) an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, sell, publicly display, publicly perform and make derivative works of your User Content on the Website, on services affiliated with the Website and elsewhere (including but not limited to print, video, audio or computer media), regardless of the form of media used or of whether such media or services now exist or are developed in the future.
- (iii) By posting User Content to the Website, You hereby represent and warrant that you have the right to post that User Content and to grant the foregoing rights to Social Concert (and its affiliates and sublicensees).
- (iv) You are solely responsible for any liability arising from or regarding User Content. Such liability includes but not limited to, infringement of Intellectual Property Rights, unlawful appropriation of publicity rights under applicable laws, violation of federal or state laws governing defamation and privacy, etc.
- (v) Social Concert does not preview or filter User Content on the Website. Social Concert neither associate itself with any nor endorse any views expressed by you or third party users on the Website.
- (vi) Social Concert does not guarantee the accuracy, safety, completeness, or usefulness of any User Content, and does not adopt, endorse or accept responsibility for the accuracy or reliability of any User Content or any opinion, recommendation or advice expressed therein, and Social Concert expressly disclaims any and all liability in connection with User Content.
6. Publicly Available Content
Social Concert may provide functionalities on the Website and Services which enable users to upload content or link to the content which are publicly available on websites that are NOT affiliated or associated with Social Concert. (for example, YouTube™ or flickr™)
7. Right of Publicity
You agree that Social Concert may use Your name, id, logo or profile image as published on the Website in presentations, marketing materials, customer lists, financial reports, website listings of customers, search result pages.
8. Prohibited Content
You agree not to upload any content that:
- Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Could be harmful to minors;
- Harasses or advocates harassment of another person;
- Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
- Promotes information that you know is false, 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Displays pornographic or sexually explicit material of any kind;
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as 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;
- Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- Infringes Social Concert’s or any third party’s copyright, patent, trademark, trade secret, rights of privacy or publicity or other proprietary or intellectual property rights of any nature.
Users can be held liable for any illegal or prohibited User Content they provide to the Website, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Website, please notify us at email@example.com. We will investigate your claim and may then take all actions we deem appropriate.
9. Prohibited Uses
You shall not authorize or encourage any third party to:
- (iii) engage in any act or practice that reflects poorly on Social Concert or otherwise disparages or devalues Social Concert’s reputation or goodwill;
- (iv) display any advertisement, link or referral button on any part of the Website;
- (v) deep-link to the site for any purpose, unless specifically authorized by Social Concert to do so;
- (vi) remove any legal notice and credits on pages of the Website;
- (vii) use the Website for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind (You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication.);
We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Website and barring such violators from use of the Website.
10. Abusive Uses
Illegal or unauthorized use of the Website or Services includes, but is not limited to, using the Website or Services to facilitate illegal ticket sales, unauthorized framing of or linking to the Website, or unauthorized use of any robot, spider or other automated process on the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
You agree that you will not use any robot, spider or other automatic device, process or means to access the Website, or circumvent any security measures or systems used on the Website.
You agree that you will not use any device, software or routine that interferes with the proper working of the Website nor shall you attempt to interfere with the proper working of the Website.
You understand and agree that in Social Concert’s sole discretion, and without prior notice, Social Concert may terminate and block your access to the Website or Services, if Social Concert believes that your conduct or the conduct of any person with whom Social Concert believes you act in concert, or the User Content you provide, violates or is inconsistent with these Terms or the law, or violates the rights of Social Concert, a client of Social Concert or another user of the Website.
Violating any limitations or terms on the Website, including but not limited to utilizing automated means to process will be deemed to be a violation of these Terms.
11. Information Gathered Through the Program
(i) Social Concert may retain and use all information You provide Us, including but not limited to demographics, contact and billing information.
(ii) You agree that Social Concert may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your participation in the Social Concert Website, including to third parties that reside in jurisdictions with less restrictive data laws than Your own.
(iii) Social Concert may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Social Concert disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party.
(iv) Social Concert may share non-personally-identifiable information about You, including Your id, home page URLs, statistics specific to Your activities at the Website and similar information collected by Social Concert, with advertisers, business partners, sponsors, and other third parties.
(v) You agree that Social Concert may share user database with fanatic.fm
(vi) You agree that Social Concert may use information provided through Facebook™ Connect™, for the purpose of creating statistics on fan base.
12. Concert and Tickets
Social Concert Website and Services aim to promote concert of musicians according to users’ demand. In promoting concerts, Social Concert:
- (i) does not guarantee that a certain concert by a musician be held, notwithstanding any circumstances that reflect users’ high demand for the musician’s concert; and
- (ii) does not guarantee the validity of a ticket You purchase through a third-party ticket seller. The third-party ticket seller is solely liable for any invalid ticket sold to a user.
Any information or communication exchanged between You and Social Concert, except those exchanged or provided according to Section 4 (Social Concert’s Content), Section 5 (User Content), Sections 6 (Right of Publicity) and Section 9 (Information gathered through the Program) herein, shall be treated in confidence and shall not be disclosed to anybody without prior approval of the other Party.
1. Social Concert is not responsible for any incorrect, inaccurate, offensive, indecent or objectionable content posted on or through the Website, whether caused by users or by any of the equipment or programming associated with or utilized in the Website.
2. Profiles created and posted by users may contain links to other websites. Social Concert is not responsible for the content, accuracy or opinions expressed on websites that are redirected from the Website, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Social Concert.
3. Inclusion of any linked website on or through the Website does not imply approval or endorsement of the linked website by Social Concert.
4. When You access these third-party sites, You do so at Your own risk. Social Concert takes no responsibility for third party advertisements which are posted on or through the Website, nor does do we take any responsibility for the goods or services provided by its advertisers.
5. In creating hypertext links to any other website, Social Concert is not recommending that website or giving any assurances as to its standing. Social Concert is providing the links only as a convenience to You.
6. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.
7. Social Concert makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the content of the outside sites. If You decide to access linked third party websites, You do so at Your own risk.
8. Social Concert is not responsible for the conduct, whether online or offline, of any user of the Website.
9. Social Concert 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 communication.
10. Social Concert 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 Website, 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 Website.
11. Under no circumstances shall Social Concert be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or Services, attendance at any Social Concert event, from any content posted on or through the Website, or from the conduct of any users of the Website or Services, whether online or offline.
12. Without limiting the foregoing, You may report the misconduct of users and/or third party advertisers, service and/or product providers regarding or in relation to the Website or Services at firstname.lastname@example.org. Social Concert may investigate the claim and take appropriate action, in its sole discretion.
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOCIAL CONCERT PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOCIAL CONCERT DOES NOT GUARANTEE THAT ANY FILE YOU VIEW OR DOWNLOAD FROM THE WEBSITE IS FREE OF VIRUS, MALWARE OR OTHER HARMFUL ELEMENT.
2. SOCIAL CONCERT IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE OR THE ENFORCEMENT OF THE TERMS.
3. SOCIAL CONCERT MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE OR SERVICES OR INFORMATION COLLECTED FOR OR PROVIDED TO USERS UNDER THIS AGREEMENT.
4. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SOCIAL CONCERT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AS WELL AS LIABILITY REGARDING OR RELATING TO THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SOCIAL CONCERT USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE SOCIAL CONCERT SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE AND/OR SOCIAL CONCERT SERVICE.
5. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SOCIAL CONCERT SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
7. SOCIAL CONCERT IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT REGARDING OR IN RELATION TO ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT THE VENUE.
8. SOCIAL CONCERT MAKES NO GUARANTEE OF THE AVAILABILITY OF ANY TICKETS OR OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE.
16. Limitations of Liability
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SOCIAL CONCERT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. UNDER NO CIRCUMSTANCES WILL SOCIAL CONCERT'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNTS PAID BY YOU FOR YOUR ACCOUNT.
Further, You specifically agree that You understand that any part of the Social Concert Partner Program labeled 'Beta' may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software 'bugs' and may have other issues affecting availability and functionality.
In addition to all other disclaimers and limitations of liability herein, You specifically agree that Social Concert is not responsible or liable for any error, problem, omission, malfunction, interruption, defect, delay, or failure, in any regard, concerning any part of the Social Concert Partner Program labeled 'Beta.'
You agree to indemnify and hold Social Concert and its affiliates, and each of Social Concert’s and its affiliates’ respective officers, agents, employees, contractors and principals, 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 Website, including also your use of the Website to provide a link to another site or to upload content or other information to the Website.
CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. U.S. Export Controls
Software available in connection with the Social Concert Partner Program may be further subject to United States export controls. No software may be downloaded from Our website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at Your sole risk.
1. [rights reserved] Social Concert and user retain all rights and licenses not explicitly granted hereunder.
3. [remedies other than damages] You agree that monetary damages may not provide a sufficient remedy to Social Concert for violations of these Terms and you consent to injunctive or other equitable relief for such violations.
5. [non-assignability] You may not assign any of its rights hereunder and any such attempt is void.
6. [severability and waiver]: If any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.
7. Contact: You may grant approvals, permissions, extensions and consents by email. But any modifications by You to the Agreement must be made in a writing executed by both parties. Any notices to Social Concert must be sent to email@example.com. Please contact us at the same email address with any questions regarding this Agreement.
21. Entire Agreement
No statements or promises have been relied upon in entering into these Terms except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g. reference to a purchase order number) or oral discussions are void.
Social Concert is operated by Social Concert Corporation, a California corporation with offices its office at 2751 East Chapman Ave., Suite 204, Fullerton, CA 92831, USA.