Songkick Streaming Terms and Conditions
We are SK Acquisition Ltd a company registered in England. Our company registration number is 10839825 and our registered office is at 12-18 Hoxton St, Hackney, London N1 6NG. Our registered VAT number is 424 1810 84. You can contact us by writing to us at firstname.lastname@example.org. If we have to contact you we will do so by email using the email address you provide to us when you register to use the Service.
Personal use only
The Service is only made available under this Agreement to private individuals for their personal, non-commercial use. This Agreement does not apply to any use of the Service for any purpose connected with any person’s trade, business or profession. If you wish to use the Service for commercial or business purposes, please contact us using the contact details above. If you are a business or other commercial user of the Service, then subject to any separate contract you may have with us, you have no rights to use the Service and Songkick reserves all of its rights against you in relation to any unauthorised use.
If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to this Agreement and responsible for your child’s activity on the Service.
Some content can only be streamed from certain countries. If this applies to content you wish to stream, this will be made clear on our website. Please do not attempt to pay using a credit or debit card registered to an address within the permitted countries, if it is your intention to access the content from outside the permitted countries as you will still not be able to access the content from outside the permitted countries and will not be entitled to a refund.
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). Songkick is a provider of hosting services for such Content. To protect your account, keep your password confidential. You should not reuse your account password on third-party applications.
Payment and supply of Content
In order to access the Service and Content you must pay when the order is placed. In some circumstances you may be entitled to cancel your order and receive a refund. See section 5 below.
We will make Content available by you at the time detailed on our website at the point of purchase. If our supply of Content is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the order and receive a refund for Content you have paid for but not received.
Permissions and Restrictions
You may access and use the Service and Content as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use.
The following restrictions apply to your use of the Service. You are not allowed to:
- download or make copies of Content, supply copies of any content to anyone else, or alter or modify any part of the Service or Content;
- circumvent, disable, or otherwise interfere (or attempt to do any of these things) with security-related features of the Service, or any features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;
- access the Service using any automated means (such as robots, botnets or scrapers) except for publicly available internet search engines or as permitted by applicable law;
- collect or use any information that might identify another user of the service (for example, harvesting usernames) or any Songkick employee;
- use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (“spam”), or any software code that intended to harm anyone else’s computer software or hardware, such as viruses and worms (“malware”). We may use automated systems that analyse your use of the Service to help detect infringement and abuse, including spam, malware, and any illegal content. If we reasonably believe that any Content you have sent or posted using the Service is in breach of this Agreement or may cause harm to Songkick, our users, or third parties, we may remove or take down some or all of such Content;
- post or store on the Service, or share or transmit using the Service, any Content that we deem to be harmful, including any abusive, obscene, abusive, discriminatory or defamatory Content, Content that my infringe intellectual property rights or any rights of privacy, any Content that constitutes harassment, or any Content that encourages or facilitates the commission of an offence;
- misuse any reporting, complaint or dispute resolution process that we make available;
- post or store on the Service, or share or transmit using the Service, any private information of any third party;
- use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service);
- manipulate measurement of genuine user engagement with the Service, including by paying people or providing them with other incentives to increase any Content’s views, likes, or dislikes, or to increase a channel’s subscribers.
By opening a Songkick account and paying for the Service, you do not obtain any rights to the Content other than the right to stream it live for your own personal, non-commercial use. All copyright and other intellectual property rights which may exist in the Content, and all rights in the trade mark SONGKICK and any other trade marks, remain the property of Songkick or other rights holders.
We may alter, suspend, limit or restrict access to or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, comply with law, or prevent illegal activities on or abuse of our systems. We will always consider and balance the impact of such changes on the use of the Service. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, there will be times when we need to make such changes without notice, such as where we need to take action to improve the security and operability of our Service, prevent abuse, or meet our legal requirements. If we make any changes that result in your being unable to stream Content you have paid for, we will give you a full refund.
Termination by You
You may stop using the Service at any time.
Because the contract between us is for the supply of services related to leisure activities, to be supplied at a specific date, you do not have a right to cancel because you have changed your mind.
Terminations and Suspensions by Songkick for Cause
If we believe you have broken this Agreement, or made any unauthorised use of the Service or any Content, we may take all steps which we deem reasonable, which may include suspending or terminating this Agreement and your access to the Service without notice. We may also be entitled to take legal action against you, or to refer your activities to the police or other law enforcement bodies.
Termination by Songkick for Service Changes
Songkick may terminate all or part of the Service or Content if Songkick reasonably believes that its provision of the Service is no longer commercially viable. If we intend to do so, we will give you a minimum of 30 days’ advance notice, and refund any payments you have made for Content that you will not be able to access as a result.
We have certain legal duties to you that cannot be excluded or altered by contract. These include duties:
- to provide the Service with reasonable care and skill;
- to ensure that the Content is of satisfactory quality, which means that it will be fit for the purpose for which we supply it, and free from defects;
- to repair or compensate you for any damage the Content causes to a device you own which would not have happened if we had used reasonable care and skill; and
- to ensure that the Content meets any description we have given to you, and any other information we give you before you enter into this Agreement.
Nothing in this Agreement affects those rights, or any other rights you have as a consumer.
Other than as expressly stated in this Agreement or as required by law, Songkick does not make any specific promises about the Service. For example, we don’t make any promises that any particular Content will be made available through the Service (except for Content that we have specifically offered and you have paid for, in relation to which, see below); that the Content is fit for any specific purpose that you may require; that the Service will have any specific features; about the accuracy, reliability or availability of the Service (as long as we have used reasonable care and skill), or the suitability of the Service for your needs; or that the Service will be error free or uninterrupted.
If you pay to access any Content but you are unable to do so because of any technical or other failure on our part, please let us know. If necessary, and if we can do so, we will seek to supply an amended version of the Content so that you can receive it. If the Content is no longer available, or if we cannot reasonably correct the fault, we will give you a refund of any payments you have made to access the Content. We will not give you a refund if you are unable to access Content because of technical problems outside our control, such as technical problems experienced by you or your internet service provider, or resulting from your use of an old version of any software that you use to stream the Content.
In addition, if we have failed to use reasonable care and skill in supplying the Service, or have broken any other specific promises, we are responsible for any foreseeable loss and damage you suffer as a result. Songkick is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
Nothing in this Agreement is intended to exclude or limit Songkick’s liabilities that cannot be excluded by law, including for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation.
If you breach the restrictions on your use of the Service listed at section 2 (paragraphs A to J under “Permissions and Restrictions”), you will be responsible to compensate us for all loss and damage that we suffer as a result, including any losses resulting from any third party threatening or taking legal action against us.
We may modify this Agreement, for example, to reflect changes to the Service or for legal, regulatory, or security reasons. Songkick will provide reasonable advance notice of any material changes to this Agreement and the opportunity to review them. However, changes addressing newly available features of the Service or changes made for legal reasons, which do not reduce your rights, may be effective immediately. Changes will only apply going forward. If you do not agree to the modified Agreement, you should discontinue your use of the Service. If you do so we will refund you for any Content you have paid for but not received at that time. Previous versions of the Agreement will always be available on our website at https://songkickpresents.com/
After the end of this Agreement, and after your use of the Service ends, the following terms of this Agreement will continue to apply to you: section 7 (“Responsibility for loss and damage”) and section 8 (“Other important terms”).
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
Songkick may transfer all or part of this Agreement to another company in its group, or, if Songkick is sold, to a third party. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for Content not provided.
You may not transfer this Agreement.
Even if we delay in enforcing this Agreement, we can still enforce it later. If you do not comply with this Agreement and we do not take action immediately, that does not mean that we accept you breaking the Agreement, or stop us from taking action in future, either against the same breaches of the Agreement, or any further breaches.
Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person, except for someone we assign the Agreement to, as set out above, shall have any rights to enforce any of its terms.
The governing law applying to this Agreement will be the laws of England and Wales. However, if you are resident in the European Union, you still have the benefit of any rights under your national law that cannot be excluded by agreement.
We may take legal action against you in the courts of the country where you are resident. You may take legal action against us in the courts of England, or in the courts of the country where you are resident.