Agreement to these Terms
By creating an account, using the app, or using the website, you
agree to these Terms. If you do not agree, do not use IWasThere.fm.
If you use the service on behalf of someone else or an organization,
you confirm that you have authority to accept these Terms for them.
Who may use the service
IWasThere.fm is not intended for children under 13. If you are under
the age of majority where you live, you may use the service only with
permission from a parent or legal guardian.
Accounts
You are responsible for the activity on your account and for keeping
your sign-in method secure. You agree to provide accurate account
information, including your username and profile settings. We may
suspend or remove accounts that violate these Terms or create risk
for other users, the service, or us.
The service
IWasThere.fm helps users search for concerts, log shows they
attended, add ratings and notes, organize festivals, follow other
public profiles, invite friends to shows, and view statistics about
their concert history. Concert and artist information may come from
third-party sources such as setlist.fm and Spotify, and may be
incomplete, delayed, or inaccurate.
Your content
You keep ownership of the information and content you add to
IWasThere.fm, such as your profile details, profile photo, concert
history, ratings, notes, festivals, custom performers, follows, and
invitations. You give us a limited license to host, store, display,
process, and share that content as needed to operate, improve, and
protect the service.
Do not upload or share content that is unlawful, abusive, invasive
of another person's privacy, infringing, misleading, or otherwise
harmful. You are responsible for the content you provide.
Public and private visibility
Some parts of the app are social. If your profile is public, your
username, display name, profile photo, public concert entries,
public follows, and public activity may be visible to other users.
Individual concert entries can also be marked public or private.
Private profiles and private entries are intended to reduce public
visibility, but information you share directly with another person,
through an invite, screenshot, or link, may be seen by that person.
Purchases and subscriptions
IWasThere.fm may offer paid or premium features. Purchases made in
the iPhone app are handled by Apple through the App Store and may be
managed through your Apple account. If an auto-renewable
subscription is offered, it renews automatically unless canceled by
you before renewal. Prices, billing periods, trials, renewals,
cancellations, and refunds are governed by the terms shown at
purchase and by the App Store rules that apply to your account.
Acceptable use
You agree not to:
- Use the service to harass, threaten, impersonate, or deceive anyone.
- Access, scrape, copy, or use the service in an automated or abusive way.
- Attempt to bypass security, rate limits, subscriptions, or access controls.
- Upload malicious code or interfere with the service or its infrastructure.
- Use the service in a way that violates law or third-party rights.
Third-party services
The service relies on third-party services for authentication,
public concert and artist data, subscriptions, push notifications,
hosting, storage, and diagnostics. We are not responsible for
third-party services, websites, data, or policies. Your use of those
services may be subject to their own terms.
No guarantees
The service is provided "as is" and "as available." We do not
guarantee that concert data, stats, maps, leaderboards, profiles, or
other information will be accurate, complete, available, or
uninterrupted. To the fullest extent allowed by law, we disclaim all
warranties, whether express, implied, or statutory.
Limitation of liability
To the fullest extent allowed by law, Clear Contracts, Inc. will not
be liable for indirect, incidental, special, consequential,
exemplary, or punitive damages, or for lost profits, lost data, lost
goodwill, or service interruption. Our total liability for claims
related to the service will not exceed the greater of the amount you
paid us for the service in the 12 months before the claim or 100 US
dollars.
Termination
You may stop using the service at any time. We may suspend or end
access to the service if we believe you violated these Terms, created
risk, or used the service unlawfully. Sections that by their nature
should survive termination will continue to apply.
Changes
We may update these Terms from time to time. If changes are
material, we will take reasonable steps to notify users, such as
updating this page or providing notice in the app. Your continued use
of the service after changes become effective means you accept the
updated Terms.
Governing law
These Terms are governed by the laws of the State of Delaware,
without regard to conflict of law rules, except where local consumer
law requires otherwise. Any dispute arising from or relating to
these Terms or the service will be brought in the state or federal
courts located in Delaware, unless applicable law requires a
different forum.
Contact
The service is operated by Clear Contracts, Inc. For legal notices
or questions about these Terms, contact
legal@clearcontracts.io.