Terms and Conditions

Acceptance of Terms The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by . In addition, some features of the Service may be subject to additional terms and conditions promulgated by from time to time; your use of such features is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are (i) at least 18 years old or (ii) if you are between the ages of 13 and 18, you have parental permission to enter into an agreement to accept these Terms of Use and to use the Service; that all registration information you submit is accurate and truthful; and that your use of the Service does not violate any applicable law or regulation. may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions. Modification of Terms of Use reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you an email. may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Privacy ’s current privacy statement is located on the Website at www.spot-show.dev/index.php?r=site/privacy (the “Privacy Policy”) and is incorporated into the Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact info@spot-show.com. Rules and Conduct As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content, or User Submissions as defined below) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, messages, information, data, text, photographs, software, scripts, images, graphics, and other content interactive features generated, provided, posted or otherwise made accessible on or through the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any Content on or through the Service, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); involves commercial activities and/or sales without ’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of or any third party; or impersonates any person or entity, including any employee or representative of .

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by in its sole discretion) an unreasonable or disproportionately large load on ’s (or its third party providers.) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

reserves the right to remove any Content from the Website or from another feature of the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if is concerned that you may have violated the Terms of Use), or for no reason at all. Registration As a condition to using certain aspects of the Service, you will be required to register with and select a password and screen name (“ Username”). You shall provide with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not (i) select or use as a Username a name of another person with the intent to impersonate that person; (ii) use as a Username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Username a name that is otherwise offensive, vulgar or obscene. reserves the right to refuse registration of, or cancel a Username in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user.s express permission. You will immediately notify in writing of any unauthorized use of your account, or other account related security breach of which you are aware. The er If you choose to install one of several versions of media player plugin software described on the Website as the er (collectively, the “er”), then these Terms of Use apply to such installation and use. Further, you specifically agree to the following terms and conditions: You are specifically aware of and agree to the terms of our Privacy Policy concerning the er If you choose to install the er, you understand that it operates as follows: the er will be sending your music listening data (including a list of all songs and playlists in your digital music library) to the servers when you create a user account on .com, and go on to install the er, you opt-in to use ’s concert-matching technology, which relies on data we collect and store in our databases about your listening habits to make assumptions about the concerts you would like to be recommended the er is designed to automatically self-update itself (without asking permission from you) and you specifically agree that may automatically update and install new software upgrades for the er, without any action by you The er is a proprietary piece of software owned by (all rights reserved). You agree that all disclaimers and limitations of liability set forth in this Agreement apply to your download or use of the er. Fees and Payment reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Website in connection with such features. reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Website. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges. Third Party Sites The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website or another feature of the Service. When you access third party websites, you do so at your own risk. These other websites are not under ’s control, and you acknowledge that is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by or any association with its operators. You further acknowledge and agree that 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 website or resource. and Website Content You agree that the Service contains Content specifically provided by or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right. You may, to the extent the Website expressly authorizes you to do so, download or copy the Content, and other items displayed on the Website for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from , or from the copyright holder identified in such Content’s copyright notice. User Submissions and Content from Third Party Sites Through your account with (“ Account”), you may be able to access, link to and display Content on or from your Account and your accounts or profiles with third party sites (“User Content”); you represent, warrant and agree that with respect to User Content on third party sites you will in all cases comply with all applicable third party terms of services and any other obligations you may have with respect to that third party site and User Content. The Service may allow you to specify the User Content that will be accessed, linked to and displayed on or through your Account. The Service may also provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) User Content to the Services (the “User Submissions”). By posting User Submissions on the Website or otherwise through the Service: You hereby do and shall grant a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit (“Use”) the User Submissions in connection with the Website, the Service and ’s (and its successors and assigns) business, including without limitation for promoting and redistributing part of the Website (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Website and/or the Service a non-exclusive license to access your User Submissions through the Website and the Service, and to Use such User Submissions as permitted through the functionality of the Website and the Service and under these Terms of Use. For clarity, the foregoing license grant to does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing; You represent and warrant (and will promptly demonstrate to ’s satisfaction upon request): (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by (including without limitation, publishing content on or at the Website) will not infringe or violate the rights of any third party, including without limitation any intellectual property, privacy, publicity, contract or other rights of any person or entity; (b) that You have the permission to Use the name and likeness of each identifiable individual person and to Use such individual’s identifying or personal information, such as his or her username(s), on the Service; and (c) that You are authorized to grant all of the aforementioned rights to the User Submissions to and all users of the Service; You agree to pay all royalties and other amounts owed to any person or entity due to your Use of any User Submissions on the Service; and You understand that shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Website or otherwise through the Service is the sole responsibility of the person from which such content originated and that will not be liable for any errors or omissions in any content; and that cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

does not endorse and has no control over any User Submission. cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. has the right, but not the obligation, to monitor the Site, Service, Content, or User Submissions. may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all. Under no circumstances will be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service. Termination may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions in the Account Settings section of the Website. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Warranty Disclaimer has no special relationship with or fiduciary duty to you. You acknowledge that has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release from all liability for you having acquired or not acquired Content through the Website or otherwise through the Service. The Website or other features of the Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. makes no representations concerning any content contained in or accessed through the Service, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE. AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SPOT SHOW, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): SPOT SHOW MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE. SPOT SHOW will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on .s equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Service. Indemnification You shall defend, indemnify, and hold harmless , its affiliates and each of its, and its affiliates’, employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Website, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with in asserting any available defenses. General Content Disclaimer The Content provided by or through the Service is for entertainment purposes only, and should not be relied upon. makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. You should independently verify all Content and other information that you access through the Service. By using the Service, you agree that shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service. Your use of or reliance on any Content is at your own risk. Limitation of Liability IN NO EVENT SHALL SPOT SHOW, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. No Authorization Where Illegal Accessing the Service is prohibited from territories where the Service or any Content is illegal; you are responsible for compliance with local laws. Dispute Resolution A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the New York, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled by arbitration in New York, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in New York, New York. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section. Integration and Severability These Terms of Use are the entire agreement between you and with respect to the Service including use of the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and with respect to the Website. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Miscellaneous shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with ’s prior written consent. may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Copyright and Trademark Notices Unless otherwise indicated, the Terms of Use and all Content provided by are copyright © 2009 .com, Inc. All rights reserved. “”, “.com”, “gigography” and “the er” are either trademarks or registered trademarks of . The names of actual companies and products mentioned at the Website may be the trademarks of their respective owners. Copyright Infringement Policy and Notice Procedure has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act and other applicable laws. The address of ’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is ’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. A. Procedure for Reporting Copyright Infringements: If you believe that Content residing on or accessible through the web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, e-mail address; A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. B. Once Proper Bona Fide Infringement Notification is received by the Designated Agent: It is ’s policy: to remove or disable access to the infringing Content; to notify the Content provider, member or user that it has removed or disabled access to the Content; and that repeat offenders will have the infringing Content removed from the system and that will terminate such content provider’s, member’s or user’s access to the service. C. Procedure to supply a Counter-Notice to the Designated Agent: If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below: A physical or electronic signature of the Content provider, member or user; Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ’s discretion. Please contact ’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement: David Anderson, Operations Director, contactable by email to info@spot-show.com. BY USING THE SPOT SHOW SERVICE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. Effective Date: July 7 2013