1. Terms
By accessing this website, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Payment
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, email address and relevant billing information required by our Stripe who is serving as our payment processor.
Performers Almanac is a digital publication that is sold on an annual basis (“Annual License”). However, you will not be billed on a recurring basis, but, rather as one-time fee as stipulated in the pricing table.
3. Use License
Permission is granted to the purchaser a license to use the product for one year from the data of sale. This does not constitute a transfer of title, and under this license, you may not:
- modify or copy the materials unless explicitly given permission;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Performers Almanac at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Disclaimer
The materials on The Performers Almanac web site are provided “as is”. Performers Almanac makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Performers Almanac does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
5. Content
Our Service allows you to access and store data regarding bands, venues, festivals and other music related information in your home town. It is prohibited to share and otherwise make available certain information, text, graphics, videos, or other material (“Content”) contained within the application. Our customers agree not to share or distribute information that they do not own and Performers Almanac, LLC shall be held harmless and not responsible for any legal liability related to the use of said digital assets.
Our Service may contain links to third-party websites or services that are not owned or controlled by Performers Almanac, LLC. Performers Almanac, LLC has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Performers Almanac, LLC 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 the use of or reliance on any such content, goods or services available on or through any such websites or services.
6. Limitations
In no event shall Performers Almanac or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials Performers Almanac’s Internet site, even if Performers Almanac or a Performers Almanac authorized representative, has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
7. Revisions and Errata
The materials appearing on Performers Almanac ‘s web site could include technical, typographical, or photographic errors. Performers Almanac does not warrant that any of the materials on its web site are accurate, complete, or current. Performers Almanac may make changes to the materials contained on its web site at any time without notice. Performers Almanac does not, however, make any commitment to update the materials.
8. Links
Performers Almanac has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Performers Almanac of the site. Use of any such linked web site is at the user’s own risk.
9. Site Terms of Use Modifications
Performers Almanac may revise these terms of use for its website at any time without notice. By using this web site, you agree to be bound by the then current version of these Terms and Conditions of Use.
10. Governing Law
Any claim relating to Performers Almanac’s web site shall be governed by the laws of New York and the United States of America without regard to its conflict of law provisions.