TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS (“AGREEMENT”) GOVERN YOUR USE OF THE STINGRAY ICONCERTS ONLINE SERVICE (THE “SERVICE”) CURRENTLY PROVIDED OR WHICH WILL LATER BE PROVIDED BY TRANSMEDIA COMMUNICATIONS SA AND/OR ANY OF ITS AFFILIATES OR SUBSIDIARIES (COLLECTIVELY, "STINGRAY") THROUGH THE STINGRAY ICONCERTS WEBSITE (HTTP://WWW3.ICONCERTS.COM/) (THE “WEBSITE”).

PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.

PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, AND ANY FUTURE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.

NONCOMPLIANCE WITH ANY OF THESE TERMS AND CONDITIONS MAY LEAD TO SUSPENSION AND/OR TERMINATION OF YOUR RIGHT TO ACCESS AND TO ENJOY THE SERVICE.

  1. The Service and Content

The Service, among other things, may allow you to access audio-visual recordings of live music performances (“Concerts”), photos and/or artwork (collectively, the “Content”), under the terms and conditions set forth herein. The descriptions and information, such as genres, sub-genres, categories, sub-categories and the like, are provided for convenience only, and you acknowledge and agree that Stingray does not guarantee their accuracy.

  1. Eligibility

The Service is only available for individuals aged 13 years or older. If you have not reached the age of majority in the jurisdiction where you reside, please review this Agreement with your parent or guardian. By creating an account for the Service or by using the Service, you represent and warrant that you are aged 13 years or older, and that you agree to be bound by the terms and conditions of this Agreement. Any use of the Service by an individual under 13 years old is unauthorized and unlicensed.

  1. Account Data

You agree to provide complete and accurate information about you as may be required to sign up for the Service and at other points as may be required in the course of using the Service ("Account Data"). You further agree to maintain and update such Account Data to keep it accurate, current and complete by accessing your account on the Website. You are entirely responsible for all activities that take place using your account, and you agree to immediately notify Stingray of any unauthorized use of your account or any other breach of security. Stingray shall not be liable to you for any unauthorized use of your account. You agree that Stingray and/or its third party provider may store and use the Account Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.  

  1. Requirements

You acknowledge that the use of the Service or of some of the Service's features may require the use of other hardware and software products and that such hardware and software is your responsibility. Stingray makes no guarantee, representation or warranty that any particular device or other hardware will be compatible with the Service and any other technology used by Stingray to distribute the Service. It is your sole responsibility to ensure that your system(s) and/or devices will function correctly with the Service’s technology. It is also your responsibility to pay any Internet access and/or bandwidth fees necessary to use the Service.

  1. Security

You understand that the Service and the Content include a security framework using technology that protects digital information and limits your usage of the Service and Content to certain rules as set out in Section 8 below and in your contract with your internet service provider. You agree to comply with such rules and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components for any reason whatsoever. You are responsible for maintaining the confidentiality and security of your account password and identification, and for restricting access to your computer.

  1. Available Plans and Promotional Codes
  2. a) Available plans

You may access and use a demo version of the Service for free, in which you will be able to stream and watch extracts of Concerts.

To access the full Service, you will need to subscribe to a time-limited plan through the account management page of the Website. In consideration for the applicable payment of the sum indicated at the time that you select and make your first payment for the plan, you will have access to the full Service and will be allowed to access the entire catalog of Concerts available on the Service. This subscription shall remain effective until the limited-time plan expires, or this Agreement is terminated as provided herein. All subscriptions are final. All fees paid and charges made prior to termination as provided herein are nonrefundable (except as required by law). Termination of your time-limited plan and closing of your account shall not relieve you of any obligations to pay accrued charges.

You agree that Stingray may charge your credit card for any time-limited plan purchased, and for any additional amounts (including any applicable taxes) as may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Stingray and/or its third party provider with valid credit card details for payment of all fees. All fees will be billed to the credit card you designate during the payment process. If Stingray does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Stingray. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. All payments must be made with a credit card accepted by Stingray (as determined by Stingray in its sole discretion). Stingray will not accept cash, checks or any other payment form. AS BETWEEN YOU AND STINGRAY, YOU ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR THE SERVICE BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes. Unless you notify Stingray of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release Stingray from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Stingray within sixty (60) days of its first appearance on an invoice or credit card statement. In the event Stingray suspends or terminates your rights of access to the Service pursuant to Section 16, you will remain liable for all amounts due.

If Content becomes unavailable following a transaction but prior to streaming, or if technical problems prevent or unreasonably delay access to the Content, your sole remedy is either replacement or refund of the price paid, as determined by Stingray.

  1. b) Promotional Codes

Stingray may decide to issue promotional codes, as follows:

(i)  Stingray may offer promotional codes as a bonus, gift or refund; and/or

(ii)  Stingray may offer to buy promotional codes as a gift for a third party.  

In such cases, promotional codes will be sent by email to you.

Promotional codes and unused balances are not redeemable for cash and cannot be exchanged, resold, transferred, nor returned for a cash refund (except as required by law). Stingray is not responsible for lost or stolen promotional codes. Stingray reserves the right to close your account and request alternative forms of payment if a promotional code is fraudulently obtained or used on the Service. Promotional codes may be purchased only for, and redeemed only by, users located in countries where the Service is available, and their use is subject to the present Agreement. 

  1. Limited License

Provided that you are eligible for use of the Service and that you have validly signed up to use the Service, Stingray grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal use of the Service and of the Content in accordance with the terms and conditions of this Agreement and of your agreement with your internet service provider. You acknowledge and agree that the Content (including without limitation the Concerts) is licensed, not sold, to you, and you acknowledge that the streaming of Content shall not constitute a grant or waiver of any rights of the copyright owners in such Content and the underlying musical compositions embodied therein. Any use of the Service or of the Content other than as specifically authorized herein is strictly prohibited and may lead to your rights to access the Service and/or the Content, and/or your account, being suspended or terminated by Stingray or your internet service provider. All rights not expressly granted by the Agreement are reserved.

  1. Rules of Conduct

You acknowledge and agree to use the Service, including the Content, in compliance with the following:

  1. a) You agree to use the Service and the Content for personal, private, non-commercial use only;
  2. b) You agree not to create an account on behalf of someone else or of any group or entity or not to use the account information of someone else;
  3. c) You agree not to use the Service and the Content in any manner that could damage, disable, overburden or impair the Service or the Content;
  4. d) You agree not to make any copy or other reproduction of the Content, including but not limited to the sound recordings, and not to use or assist another person to use any data mining, robots, scraping or similar data gathering or extraction methods;
  5. e) You agree not to violate or attempt to violate any security component protecting the Service and the Content, including but not limited to, not to attempt to, or assist another person to, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components for any reason whatsoever;
  6. f) You agree not to modify, copy or reproduce any and all portions of the Service and/or the Content, including the sound recordings, in any form or by any means, and not to use, sell, rent, lease, loan, distribute, exploit, transfer, license or otherwise provide anybody with the Service and/or the Content, and not to create derivative works based on the Service, except as expressly provided herein;
  7. g) In the event that Stingray changes any part of the Service or discontinues the Service, which Stingray may do at its own discretion, you acknowledge that you may no longer be able to use such Service or to use it to the same extent as prior to such change or discontinuation, and that Stingray shall have no liability to you in such case (except as required by law);
  8. h) You agree to comply with all applicable federal, state/provincial and local laws, and regulations when using the Service and the Content; and
  9. i) You agree to comply with all applicable terms and conditions of any agreement with your internet service provider.

Stingray reserves the right to modify the above rules at any time without notice. Rules may be controlled and monitored by Stingray for compliance purposes.

  1. Content Availability and Pricing

You acknowledge and agree that the Service and Content that are available to you are the Service and Content available in the country in which you are located.

Stingray reserves the right to change any Service and/or any Content (including without limitation the pricing and the availability of any Service and/or Content), at any time without notice, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering.

  1. Objectionable Material

You understand that by using the Service, you may come across content that may be considered offensive, vulgar, indecent, or otherwise objectionable, which content may or may not be identified as having explicit language.  Your use of the Service is at your sole risk and Stingray shall not be liable to you for content that may be found to be offensive, vulgar, indecent, or otherwise objectionable.

  1. Intellectual Property

You acknowledge that the Service and all content available on or through such Service, including, but not limited to, the Content, designs, text, graphics, logos, button icons, images, pictures, music, videos, information, editorial content, data compilations, files selection and arrangement, programming, postings, links, software, trademarks and trade names are the property of Stingray, its partners and/or its licensors, and are protected by applicable copyright laws and other intellectual property laws.  You agree not to use such proprietary information or materials in any way except for use of the Service in accordance with the terms of this Agreement. You do not obtain any rights under this Agreement in any intellectual property.

  1. Third Party Service Providers

Stingray may provide links from the Service to certain third party websites, and some parts of the Service may be accessible through websites operated by third parties. Links to and material from any third party websites or services do not imply approval or endorsement thereof by Stingray. Stingray does not assume and will not have any liability or responsibility for any third-party material or websites, or for any other material, products, or services of third parties.

You also agree and acknowledge that your use of the Service may be subject to other terms and conditions from third parties including providers of third party websites and/or your internet service provider.  

  1. Copyright Claims

Stingray obeys all relevant copyright laws, and will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws and may terminate, in appropriate circumstances, the access or account of users of the Service who are repeat infringers.  To make a claim, please provide us with the following:

1) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;

2) A description of the copyrighted work claimed to have been infringed;

3) A description of the infringing material and information reasonably sufficient to permit us to locate the material;

4) Your contact information, including your address, telephone number, and email;

5) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6) A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to copyright [at] stingray [dot] com or Copyright Claims, Stingray Digital Group Inc., 730 Wellington Street, Montreal, Quebec, Canada H3C 1T4 (if your residence is located in America), or Copyright Claims, Stingray Digital International Limited, 11 Ronald’s Road and 25 Horsell Road, London N5 1XL, United Kingdom (if your residence is located in Europe or in the rest of the world).

  1. Modification or discontinuation of the Service

Stingray and/or its licensors shall have the right, at their sole discretion, to modify, suspend, remove, disable access to, or discontinue the Service (or any part, feature or Content) at any time and for whatever reason, without notice. Stingray shall not be liable to you or to any third party for exercising such rights.

  1. Term

The term of this Agreement shall begin when you validly access the Service and shall end when terminated in accordance with the provisions of this Agreement ("Term").  Provisions 8, 11, 12, 13, 15 (last sentence), 16, 17, 19, 20, 21 and 22 of this Agreement shall survive the termination of this Agreement, so as any other provision, if any, which by their meaning are intended to survive such termination.

  1. Termination by Stingray and Other Remedies

If you fail to comply with any of the provisions of this Agreement, Stingray, at its sole discretion and without prior notice to you, may suspend or terminate your rights of access to the Service.

  1. Consent to Use Your Information

You agree that Stingray may collect and use personal data, technical data and other information, including but not limited to, your music or activity preferences and information about your devices, systems, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you, and for usage statistics. Stingray may use this information in accordance with its privacy policy as described in Section 18.

You also agree that Stingray has the right, without liability to you, to disclose any Account Data to law enforcement authorities, government officials, and/or a third party, as Stingray believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.

You further agree that if your account is deactivated or if this Agreement is terminated, Stingray may retain some information provided by you to comply with the law and/or its contractual obligations with third parties, and/or to prevent subsequent signing up to a Service.

  1. Privacy Policy

Your use of the Service is subject to Stingray’s privacy policy (the “Privacy Policy”), which is expressly made a part of this Agreement. Please review Stingray’s Privacy Policy posted on the Website.

  1. Your Representations and Warranties

You represent and warrant that: (i) if provided pursuant to Section 3, your Account Data is complete and accurate; (ii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and you are not listed in any U.S. Government list of prohibited or restricted parties; and (iii) you will comply with any applicable third party terms and conditions when using the Service. 

  1. DISCLAIMERS

You expressly acknowledge and agree that your use of the Service is at your sole risk and that Stingray makes no guarantee, representation or warranty that the operation of the Service or your use of the Service, including all and any of its features, will be uninterrupted or error-free. You also agree that the Service or any Content may be temporarily unavailable from time to time for maintenance, technical problems or other reasons. Stingray may remove the Service or of some of the Service' features or Content for indefinite periods of time, or may disable access to the Service at any time, without notice and without liability.

The Service, and all information, Content and materials made available to you through the Service, are provided by Stingray "as is" and "as available".  Stingray disclaims, to the fullest extent permitted by applicable law, any and any and all implied warranties, terms, conditions and representations with respect to the Service, and the information, Content and materials available through the Service, including, but not limited to, the quality of the sound recordings, and all expressed or implied warranties of merchantability, non-infringement and fitness for a particular purpose are hereby specifically disclaimed and excluded. For the avoidance of doubt, nothing in this Agreement is intended to exclude or to limit liability for death or personal injury arising from negligence or for any other form of liability which may not be excluded or limited under applicable laws.

Stingray shall not be liable to you or to any third party for any loss or damages to your devices or hardware.  Stingray makes no guarantee, representation or warranty that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Stingray disclaims any liability relating thereto. You are solely responsible for backing up your own system.

  1. Indemnification

You agree to indemnify and hold Stingray, and its respective directors, officers, employees, agents, representatives, contractors, and licensors harmless from and against any claim, loss, liability, damages, costs and expenses arising out of or in connection with (a) your breach of this Agreement; (b) any violation by you of any law or rights of a third party; or (c) any action taken by Stingray as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred.

  1. LIMITATION ON LIABILITY

STINGRAY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PROMOTIONAL CODES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT YOU ARE UNABLE TO USE A PROMOTIONAL CODE, YOUR SOLE REMEDY, AND STINGRAY’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH PROMOTIONAL CODE. STINGRAY, AND THE THIRD PARTY PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND LICENSORS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE OR LOSS OF DATA, ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS MADE AVAILABLE TO YOU THROUGH THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION. STINGRAY'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICABLE SERVICE (I.E. FOR YOUR CURRENT SELECTED SUBSCRIPTION PERIOD, WHEN APPLICABLE). SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION ON LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR TO LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE OR FOR ANY OTHER FORM OF LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.

  1. Governing Law

This Agreement and your use of the Stingray websites are subject to the laws of the country in which you have a contract with your internet service provider and any disputes relating to this Agreement will be subject to the non exclusive jurisdiction of the courts of such country.

  1. Entire Agreement

This Agreement (including Stingray’s Privacy Policy) represents the entire understanding between you and Stingray concerning your rights and obligations as to the use of said Service. 

  1. Severability

If any provision of this Agreement is held by any court of competent jurisdiction to be illegal or unenforceable under applicable law, such provision shall be excluded from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

  1. Waiver

The failure by Stingray to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of its right to subsequently exercise or enforce such right or provision or any other provision of this Agreement.

  1. Changes to this Agreement

Stingray may change, revise, update or otherwise modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. You acknowledge and agree that Stingray may impose new or additional rules, policies, terms or conditions on your use of the Service at any time. You hereby agree that a change notice sent to you by email or the posting on the website of the Service concerned of a change notice or of a modified agreement is considered sufficient notice. All such changes shall take effect immediately. Your continued use of the Service after such changes shall be deemed to constitute your acceptance of any and all such changes. If you do not agree to abide by these new terms, do not continue to use the Service. It is your responsibility to regularly check the Website to determine if there have been changes to these terms and to review such changes.

  1. Customer Support

Any questions, comments, suggestions, ideas, feedback, complaints or other information you may have about the Service should be made through the Contact Us section of the Website.  

  1. Electronic Communications

TO THE EXTENT YOU PROVIDE ANY EMAIL ADDRESS TO STINGRAY, YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU CONSENT TO RECEIVE COMMUNICATIONS FROM STINGRAY ELECTRONICALLY. AS A USER OF THE SERVICE, STINGRAY MAY FROM TIME TO TIME SEND YOU EMAILS UPDATES ABOUT THE SERVICE OR THE CHANGES TO THIS AGREEMENT. YOU AGREE THAT ALL THESE EMAILS UPDATES AND OTHER COMMUNICATIONS THAT STINGRAY PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.

Last updated: December 23, 2016