Mysocialist.com Terms and Conditions of Use
My Social List (herein “My Social List” or “MSL”), through its website www.mysocialist.com (herein “the website”), provides online resources including local concert and event listings, a concert blog, announcements page, and a calendar and event planner. By accessing the website you agree to be bound by these Mysocialist.com Terms and Conditions of Use (herein “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto, your only recourse is to immediately discontinue use of My Social List and associated services.
II. Use License
Permission is granted to access the website for personal use only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy any materials;
- use the materials for any commercial purpose, or for any public display
- remove any copyright or other proprietary notations from the website; or
- transfer the contents of the website or “mirror” the website on any other server.
This license shall automatically terminate if you violate any of these restrictions.
III. General Conditions
My Social List reserves the right to modify or terminate all or any portion of the website for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
My Social List does not represent or warrant that its services are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete or otherwise valid. MSL’s services are provided “as is” with no warranty, express or implied, of any kind and MSL expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and or non-infringement. In addition, MSL expressly disclaims any and all representations and warranties that any events will occur or that any performers will perform or fulfill any stated or implied promises or commitments relating to MSL. MSL shall not, under any circumstances, be liable to users for any indirect, incidental, consequential special or exemplary damages arising out of or in connection with the use of the website. To the maximum extent permitted by applicable law, users hereby release and waive all claims against MSL, and its affiliates, officers, agents, licensors, shareholders and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to use of the website.
My Social List has not reviewed all of the sites linked to the website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MSL of the site. Use of any such linked website is at the user’s own risk.
My Social List reserves the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you via email (if you’ve provided us with your email address) as well as on the Terms page itself. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
IV. Termination of service
You agree that My Social List, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the website (or any part thereof), immediately and without notice, and remove and discard any Content within the website, for any reason, including, without limitation, if MSL believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that MSL shall not be liable to you or any third-party for any termination of your access to the website. Further, you agree not to attempt to use the website after said termination.
V. Disclaimer of Warranties
You agree that use of the website is entirely at your own risk. The website is provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, MSL disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the website. To the fullest extent permitted by law, MSL disclaims any warranties for other services or goods received through or advertised on the website, or accessed through any links on the website. To the fullest extent permitted by law, MSL disclaims any warranties for viruses or other harmful components in connection with the website. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
VI. Limitations of Liability
Under no circumstances shall MSL be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if MSL has been advised of the possibility of such damages), resulting from any aspect of your use of the website, whether the damages arise from use or misuse of the website, from inability to use the website, or the interruption, suspension, modification, alteration, or termination of the website. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or any links on the website, as well as by reason of any information or advice received through or advertised in connection with the website or any links on the website. These limitations shall apply to the fullest extent permitted by law.
You agree to indemnify and hold MSL, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any content you submit, post or make available through the website, your use of the website, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
VIII. Entire Agreement and Governing Law
The Terms constitute the entire agreement between you and MSL and govern your use of the website, superseding any prior agreements between you and MSL. The Terms and the relationship between you and MSL shall be governed by the laws of the State of New York without regard to its conflict of law provisions. The failure of MSL to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.