First and foremost, Set.fm is committed to the lawful distribution of digital content, and particularly copyrighted Materials. Under no circumstances shall You infringe upon any copyrighted Material, and You agree to report to Set.fm any violation of any copyright by You or anyone else on Set.fm, whether intentional or otherwise.
The TOU grants You a limited set of rights to use the Set.fm Applications, as stated herein, but does not give You any ownership right. All rights not expressly granted to You are reserved to DejaSet, Inc. D/B/A Set.fm, Inc. This TOU and the Set.fm Applications are subject to change from time to time and for any reason, at Set.fm’s sole discretion. By using Set.fm Applications, you agree to be bound by the terms of this TOU. If you do not agree to the terms of this TOU, please stop using the website and/or Set.fm Applications; if you accessed the Set.fm Applications electronically, then please click “disagree” and cease using Dejeaset Applications and website. Set.fm reserves the right, at any time and for any reason, to discontinue all or any part of any Set.fm Applications and/or website, place limitations on features available through Set.fm, and/or restrict Your access to all or part of Set.fm and Set.fm Applications.
The Set.fm Applications and any and all features and content of the Set.fm website, including any software, fonts, documentation, and Materials are licensed to you by Set.fm, not sold, under the terms and conditions of this TOU. You are granted a limited non-exclusive, revocable, nontransferable, non-sublicenseable license to install and use Set.fm Applications, including software, and use the Set.fm website.
Any and all content on the Set.fm website, except as otherwise noted, is the exclusive property of Set.fm. You may make one copy of a Set.fm Application in machine readable form for backup purposes only; provided, however, that any backup copy must include all copyright or other notices contained on the original. To the extent that Set.fm Applications are used to reproduce materials, such use is limited to: (1) reproduction of non-copyrighted materials, (2) materials in which you own the copyright, or (3) materials you are authorized or legally permitted to reproduce. You may not make Set.fm Applications available over a network where it could be used by multiple computers at the same time.
You may not rent, lease, lend, redistribute or sublicense Set.fm Applications or any part of the Set.fm website. In order to access the Set.fm website and Set.fm Applications, their content or their features, You may need to download software, possess the hardware and software required by the software, and be connected to the Internet. Downloads obtained through your Account with Set.fm may be played when you are not connected to the Internet, but you must connect periodically to download more, or update, the licenses, and any additional content such as live recordings of various artists.
You acknowledge that some parts of the Set.fm website and/or Set.fm Applications require the ongoing involvement and/or monitoring by Set.fm and/or their third party service providers, vendors and/or licensors. As such, in the event that Set.fm or any third party service providers, vendors and/or licensors changes or discontinues any part of any Set.fm service, website, or Set.fm Application, or the availability of any Materials through the Set.fm website or Set.fm Applications, which may be done at any time for any reason, in our/their sole discretion, You acknowledge that You may no longer be able to use some or all of the Materials in the same manner as prior to the change or discontinuation, and that Set.fm shall have no liability to You in such case. Availability of Materials is subject to change at any time for any reason, in our/the service providers’ and/or licensors’ sole discretion. You understand and acknowledge that Set.fm will automatically implement required updates, modifications, and/or reinstallations of any software or Set.fm Application and/or install security fixes for the purpose of protecting or enhancing rights management, anti-piracy and/or security related features of Set.fm software and Set.fm Applications. Failure to permit such updates, modifications and/or reinstallations may result in interruption or termination of your Subscription Service and closure of your Account without notice to you.
In order to use the Set.fm website and Set.fm Applications, you must open an account with Set.fm (“Account”). You must be 18 years of age or older to open an Account, and use Set.fm Applications. You represent, covenant and agree that You are 18 years of age or older and a resident of the United States of America when you establish your Account. As part of the registration process, You may be asked for such personally identifiable information as your name, age, postal mailing address, gender, demographic info, email address and mobile phone number (collectively, “Data”). You may also be asked to select a password (“Password”) and a username (“Username”). You agree to provide us with accurate, truthful, and complete Account information, and maintain current information to keep the Account accurate and complete. If you provide false, out of date, inaccurate, or misleading information to Set.fm, at Set.fm’s sole discretion, such acts or omissions shall be a breach of this TOU and Set.fm has the right to suspend or terminate Your Account, and refuse You future access or license of the Set.fm Applications and website, without warning or explanation.
You may not: (i) select or use a Screen Name of another person or third party entity with the intent to impersonate that person or third party entity; (ii) use a name subject to the rights of any other person or third party entity without authorization; or (iii) use a Screen Name that we, at our sole discretion, deem inappropriate or offensive. You shall notify Set.fm, set.fm/copyright of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Screen Name and/or Password. You will be responsible for maintaining the confidentiality of your Screen Name and Password. We may immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that we believe, at our sole discretion, is: (i) illegal, fraudulent, harassing, abusive or otherwise improper or inappropriate;(ii) a violation of these TOU, any other policies or guidelines posted by for Set.fm; or (iii) harmful to other users, third parties, Set.fm or its affiliates, or the business interests of Set.fm. If we have terminated a portion, but not all, of your access to Set.fm for the foregoing reasons, you will nevertheless be responsible for all the charges associated with the use of Set.fm, if any, and all lawful downloads. Use or suspected use (as determined by our sole discretion) of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim against us, or a claim which in any way involves us, then we may terminate your Account. Upon termination of your Account for any of the above-mentioned reasons, we may prohibit you from opening up another Account or prohibit you from establishing a new Account for a period of not less than five (5) years from the date of termination, as determined by our sole discretion. Upon termination of your Account, we are not responsible for any damages or liabilities that may result or arise out of termination of your Account.
A copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. In a nutshell, copyright owners are granted certain exclusive rights in their copyrighted material, including the right to: 1) reproduce the work, 2) distribute copies, 3) perform the work publicly (in the case of a sound recording by means of a digital audio transmission), 4) create a derivative work, and 5) display the work publicly. If you are the holder of an original work of authorship (“Copyright Holder”), then you may reproduce and distribute copy the work as you deem fit. However, if you are playing someone else’ copyrighted work, such as a “cover” or “sample”, then you must obtain permission to use, reproduce and distribute the Copyrighted work and/or pay a compulsory license. Any and all users, including You, of Set.fm, the Set.fm website, Set.fm Applications, Materials, or content related to any of the foregoing, understand and agree that they, and not Set.fm, are solely responsible and liable for obtaining any and all licenses and permission to use Copyrighted materials, including cover songs and samples. In addition, You represent and warrant that any recording, song, compilation, or content that you place on Set.fm for sale and/or distribution (“Artist Recordings”) has all necessary licenses and approvals, and has paid any and all royalties and fees, for the use of a cover song or sample. For more information on how to obtain compulsory licenses please see the following links. Set.fm makes no representations regarding the accuracy or thoroughness of the following third party links, and You agree to hold Set.fm harmless for any and all causes of action arising from your use of these third party sites and/or failure to properly obtain licenses and approvals for Your use of Copyrighted works.
2. ASCAP: http://www.ascap.com/licensing/
3. Lime Light: http://www.songclearance.com/about/
4. The Harry Fox Agency:http://www.harryfox.com/public/DigitalLicensing.jsp
Set.fm Applications and the Set.fm website, including Set.fm software, enable access to the Set.fm Store, which offers downloads of music for sale and other related services including third-party services (collectively “Services”). Use of the Set.fm website and Set.fm Applications requires internet access and use of certain Services may require a Set.fm ID, Username, and/or Password, which may require you to accept additional terms of service and fees. By using the Set.fm website and related Set.fm Applications, including software, in connection with Set.fm ID, Username, and/or Password, You agree to the applicable terms and conditions for that account. If you do not agree to the applicable terms and conditions for such an account, do not use Set.fm Applications with such account. You agree that by using any of the Services and/or Set.fm Applications and the Set.fm website, you may encounter content that may be deemed objectionable, indecent, or offensive, which may or may not be identified as having explicit language. Nevertheless, You agree to use the Services and the Set.fm website at Your sole risk and that Set.fm shall have no liability to You for content that be found to be offensive, indecent, or objectionable. Set.fm does not guaranty the accuracy of content.
Any prices quoted on the Set.fm website and/or Set.fm Applications are generally inclusive of any applicable taxes, including sales taxes. Set.fm reserves the right to change this policy at any time, at our sole discretion.
The Set.fm website and Set.fm Applications, are provided “as is” and “as available” and You access Set.fm at your own risk. We make no guarantees, warranties, promises, inducements, claims or representations (“Representations or Warranties”) of any kind or nature, whether expressed, implied, oral or statutory, with respect to Set.fm, the Set.fm website and Set.fm Applications, including without limitation any warranties of custom, usage, accuracy of informational content, system integration, quality, performance, non-infringement, title, quite enjoyment, merchantability, or fitness for a particular purpose. In addition, no representations or warranties of any kind are created by any course of dealing, course of performance, or trade usage. Further, we make no representations or warranties of any kind with respect to licensors and/or other third parties who are responsible for supplying services and/or performing billing functions for Set.fm.
Neither Set.fm nor its directors, officers, employees, parents, subsidiaries, affiliates, agents, attorneys, contractors, consultants, third party vendors, facilities, agents, information providers, licensors and other suppliers providing data, content, information, software, products, materials and/or services make any Representations or Warranties of any kind of nature, whether expressed, implied, oral or statutory that: (1) Set.fm will always be available, accessible, reliable, uninterrupted, unimpaired, timely, secure, accurate, complete, virus-free or error-free, or (2) errors or defects related to Set.fm will be corrected. Set.fm also do not Represent or Warrant that Set.fm is appropriate, accurate or available for use in any particular jurisdiction. This disclaimer or Representations and Warranties constitutes an essential part of this TOU and Your License from Set.fm to access and use the Set.fm website and Set.fm Applications, including without limitation, the sites, software, Materials, products and/or Services.
Set.fm shall use commercially reasonable efforts to protect the personally identifiable information (Data) submitted by You to Set.fm in connection with the Services, but You understand, acknowledge and agree that Your submission of any information is at Your sole risk, and Set.fm hereby disclaims any and all liability for any losses or liabilities relating to, arising out of or in connection with the submission of such information. You understand, acknowledge and agree that the entire risk arising out of the use or performance of Set.fm and Set.fm Applications, including without limitation, the sites, the software, that materials, the products and/or the services, remains with You to the maximum extent permitted by law.
The above exclusions may not apply in some states that do not allow the disclaimer of certain implied warranties, so the foregoing disclaimer may not apply to you. In such jurisdictions, all Representations and Warranties other than those expressly prohibited by applicable law shall be enforced to the fullest extent of the law.
You expressly understand, acknowledge and agree that Set.fm and its directors, officers, employees, parents, subsidiaries, attorneys, affiliates, agents, contractors, consultants, third party vendors, facilities, information providers, licensors and other suppliers providing data, content, information, software, products, Materials and/or Services (collectively, “Protected Parties”) shall not be liable to You for any direct, indirect incidental, special, consequential, punitive or exemplary damages of any kind or nature, arising out of, in connection with or other wise related to Set.fm, the Set.fm website and Set.fm Applications or Your access and use of them, including without limitation, damages for loss of profits, revenue, goodwill, use, data, information, assets, business or other tangible and/or intangible losses, even if You have been advised of the possibility of such damages or such damages are foreseeable, resulting from: (1) the use or the inability to use Set.fm and Set.fm Applications; (2) the cost of procurement of substitute services or content resulting from any services obtained through or from Set.fm and Set.fm Applications; (3) unauthorized access to or alteration of your transmissions or data; (4) Statements or conduct of any third party on Set.fm and Set.fm Applications; (5) inaccuracies, mistakes, or errors of content; (6) personal injury or property damage of any nature whatsoever resulting from Your access to and use of Set.fm and Set.fm Applications; (7) any bugs, viruses, Trojan horses, or other matter relating to Set.fm and Set.fm Applications, whether based on warranty, contract, tort, product liability or any other legal theory. In no event will the Protected Parties have cumulative liability under this TOU. In the event this limitation of liability shall for any reason be held unenforceable or inapplicable or limited by law You agree that the total aggregate liability of the protected parties shall not exceed that amount of U.S. $150.
Your only right with respect to any problems or dissatisfaction with Set.fm, the Set.fm website and Set.fm Applications is to discontinue and/or uninstall any use of Set.fm and Set.fm Applications, the Services, sites, Materials, products and/or software. Because some states or jurisdictions do not allow limitations on liability or the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the Protected Parties’ liability shall be limited only to the extent required by applicable law.
Set.fm may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act and similar Laws, and You expressly authorize Set.fm to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to You.
Except where Set.fm specifically requests or solicits comments or submissions, we do not accept or consider any creative ideas, suggestions, comments or materials (collectively, “Comments”) from the public. If an unsolicited submission is received from You by Set.fm, you understand, acknowledge and agree that (a) it may be utilized by Set.fm free of any right, claim, title or ownership interest in the comments, (b) you waive your right to assert any ownership right, claim, title and interest of any kind in the unsolicited submission (including, but not limited to unfair competition, Intellectual Property, moral, property and/or similar rights or implied contract), (c) you hereby grant us a non-exclusive, perpetual, irrevocable, worldwide right and license to the unsolicited submission in every media and for every purpose now known or hereinafter discovered, and (d) you waive the right to receive any financial or other consideration or remuneration in connection with such unsolicited submission, including, but not limited to, attribution or other credit. You completely release Set.fm and the Protected Parties (as defined above) in all respects from any claims, demands, actions, losses and other perceived, actual, incidental, indirect, exemplary, special, punitive or consequential damages of every kind and nature (collectively, “Claims”), known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of, relating to or in any way connected with your unsolicited submissions, including, without limitation, all Claims for the theft of ideas or Intellectual Property Right infringement by Set.fm.
Set.fm does not condone, permit or authorize any unlawful copying of copyrighted works. Set.fm will investigate notices of copyright infringement and take appropriate actions. If You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this site, the software or the services, please contact Set.fm at:
902 E. 5th Street
Austin, TX 78702
Along with any notice of infringement, please include the following information: (1) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that has allegedly been infringed, (2) a description of the copyrighted work or works that You claim to have been infringed and specifically what material in such work You request to be removed or access disabled, (3) a description of the exact name of the file on Set.fm, Set.fm Applications, or Services which you claim is infringing or the link, (4) your contact information such as address, phone number and email address, (5) a statement of good faith belief that the use of the material identified in your notice is not authorized by the copyright owner, and (6) a statement that the information in your notice is accurate, and under penalty of perjury that you are the copyright owner and/or authorized to act on behalf of copyright owner.
You agree to indemnify, hold harmless and defend Set.fm and the Protected Parties (as defined above, at your sole cost and expense, against any and all third- party claims, actions, proceedings, investigations and lawsuits, and all related liabilities, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney’s fees and costs) incurred by any Protected Parties arising out of or relating to Your (a) violation or breach of any term of this TOU or any policy or guidelines referenced herein, or (b) use or misuse of Set.fm and/or Set.fm Applications, including without limitation, the website, the Software, the Material, the Products and/or Services, or (c) Your infringement or the infringement by any other user through Your account of any Intellectual Property Rights or other moral, privacy, publicity or similar rights of any person of entity.
All trademarks, service marks, logo, trade names, and any other proprietary designations of Set.fm used herein are Set.fm trademarks or Set.fm registered trademarks. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. You may not copy, display or use any of these marks without prior written permission of the mark owner.
You agree to comply with all local, state, federal, and national laws, rules, statues, ordinances, and regulations that apply to Your use of Set.fm, the Set.fm website and Set.fm Applications, including without limitation, the website, Set.fm software, Materials, Products and Services.
This TOU is governed by and construed in accordance with the laws of the state of Texas and the United States of America, excluding its conflict of law principles. This TOU shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this TOU shall continue in full force and effect.
Set.fm reserves all rights not expressly granted herein and Set.fm may modify these TOU at any time for any reason, in its sole discretion by posting the revised TOU on this website. Your continued use of DejaSet, Inc. D/B/A Set.FM, Inc. including without limitation, this website, Set.fm Applications, any software, the Materials, the Products and/or Services shall constitute your acceptance of such revised TOU. You may not assign any rights granted to you hereunder. Nothing in this TOU shall constitute a partnership or joint venture between you and us. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these TOU shall nonetheless remain in full force and effect. The failure by us at any time or times to require performance of any provision hereof or exercise any right or privilege granted herein shall in no manner affect its right to require performance of the same or any other provision at a later time or affect its right to enforce any past, present or future right or privilege unless the same is waived in writing. To the extent that anything in or associated with the Set.fm website, Software and/or Services is in conflict or inconsistent with these TOU, these TOU shall take precedence. If any terms contained herein conflict with the terms contained in any offer or elsewhere on Set.fm, these TOU control. These terms and conditions and all documents relating hereto have been drafted and will be interpreted in English. The rights and remedies granted to us under these TOU are cumulative and in addition to, not in lieu of, any other rights and remedies which we may possess at law or in equity. The terms set forth in these TOU and any agreements included or referred to in these TOU constitute the final, complete and exclusive agreement with respect to the use of DejaSet, Inc. D/B/A Set.FM, Inc. including without limitation, this site, the Software, the Materials, the Products and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The owners of the Materials are intended beneficiaries of these TOU and shall have the right to enforce them against you. Upon termination, cancellation, suspension or expiration of these TOU for any reason, you agree to cease all access and use of DejaSet, Inc. D/B/A Set.FM, Inc. including without limitation, the Set.fm website, Software, Material, Products and Services.