1 TERMS OF SERVICE

Version 1.2, 1 March June 2024

1.1 The "Set List Service" is defined as the websites, services, tools and applications provided through a2gnow.appspot.com.

1.2 Your use of the Set List Service is governed by this agreement (the "Terms of Service"). From your first use of the Set List Service you are agreeing to these Terms of Service.

1.3 In using the Set List Service, you agree that your use is not contingent on the delivery of any future functionality or features or dependent on any oral or written statement made regarding future functionality or features.

2 YOUR ACCOUNT

2.1 You must provide us accurate information when you become a Member of the Set List Service.

2.2 Once a Member, your account gives you access to the Set List Service. We may maintain different types of accounts for different types of users or organisations and your access will depend on your account.

2.3 Unless agreed otherwise, you are responsible for the administration, management and organisation of the Content within the Set List Service.

2.4 You are responsible for safeguarding the credentials that you use to access the Set List Service and for any activities or actions under your account. The Set List Service cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3 CONTENT

3.1 All Content in or on the Service, whether publicly submitted or privately transmitted by Members, is the sole responsibility of the person who originated such Content. Content is defined information such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images.

3.2 You agree that Set List Service has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for using the mechanisms provided by the Set List Service to secure and back-up your relevant content.

3.3 If you use or rely on any Content submitted via the Set List Service or obtained by you through the Set List Service, it is at your own risk. Under no circumstances will the Set List Service be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Set List Service.

3.4 You agree to immediately remove any Content that violates an acceptable use of the Set List Service as defined in 4. In the event that you elect not to comply with a request from the Set List Service to remove certain Content, the Set List Service reserves the right to directly remove such Content or to disable access to Content.

3.5 You agree that you are responsible for your use of the Set List Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties.

4 YOUR USE OF THE SET LIST SERVICE

4.1 Your use of the Set List Service must comply with all applicable laws, regulations and provisions, including any laws regarding the export of data or software.

4.2 You agree not to access, or attempt to access, the Set List Service by any means other than through the tools, applications and published interfaces specifically provided by the Set List Service.

4.3 You agree not to engage in any activity that interferes with or disrupts the Set List Service (or the servers and networks which are connected to the Service).

4.4 You agree not to misuse the Set List Service. For example, you must not, and must not attempt to do the following things:
(a) submit any Content on the Set List Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
(b) impersonate others through the Set List Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
(c) publish or submit other people's private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorisation and permission;
(d) send unsolicited communications, promotions or advertisements, or spam;
(e) publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy;
(f) access, tamper with, or use private areas of the Set List Service or third party systems and infrastructure used in delivering the Set List Service;
(g) probe, scan, or test the vulnerability of the Set List Service or breach or circumvent any security or authentication measures;
(h) "spoof" communication protocol headers or any part of the header information in any email or posting, or in any way use the Set List Service to send altered, deceptive or false source-identifying information;

4.5 We may investigate and/or suspend your account if you violate any of the rules in 4.3 & 4.4. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of the Set List Service.

4.6 You may not access the Set List Service for the purpose of bringing an intellectual property infringement claim against the Set List Service or for the purpose of creating a product or service competitive with the Set List Service.

4.7 Where your access permits you to see details of other Members, you agree to protect the privacy of the Members.

5 FEES

5.1 Subject to these Terms of Service, the Set List Service is provided to you without charge within certain limits as published on the Set List Service. Usage over these limits requires the purchase of additional resources or services.

5.2 You may not develop applications to access the Set List Service in a manner intended to avoid incurring fees.

6 PROPRIETARY RIGHTS

6.1 You acknowledge and agree that, save for the Content, the Set List Service own all legal rights, title and interest in and to the Set List Service, including any intellectual property rights which subsist in the Set List Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6.2 Except as provided in Section 8, the Set List Service acknowledges and agrees that it obtains no right, title or interest from you under these Terms of Service in or to any Content that you create, submit, transmit or display on, or through, the Set List Service, including any intellectual property rights which subsist in that Content.

6.3 Any feedback, comments, or suggestions you may provide regarding the Set List Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

7 OUR LICENSE TO YOU

7.1 The Set List Service provides you with a non-assignable and non-exclusive license to use the Set List Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Set List Service in the manner permitted by these Terms of Service.

7.2 You may not: (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Set List Service or any part thereof, unless this is expressly permitted or required by law; or (b) attempt to disable or circumvent any security mechanisms used by the Set List Service or any applications running on the Set List Service.

7.3 The Set List Service includes applications and software to access the Set List Service through a range of devices. To use this software you must have a device that is compatible with the Set List Service as published on the Set List Service. When using an application to access the Set List Service, you may be required to periodically upgrade such application in order to continue to use the Set List Service.

7.4 The Set List Service will change over time as we evolve, refine or add more features to the Service. We commit that in making these changes we will (where reasonably possible):
(a) maintain access to existing functionality or replace it with equivalent functionality;
(b) only withdraw functionality having given 90 days notice;
(c) migrate content to ensure compatibility with new functionality.

8 YOUR LICENSE TO THE SET LIST SERVICE

8.1 The Set List Service claims no ownership or control over any of your Content. You retain copyright and any other rights that you already hold in the Content, and you are responsible for protecting those rights, as appropriate. By submitting or displaying the Content on or through the Set List Service, you give a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling the provision of the Set List Service.

9 TERMINATION

9.1 You may terminate these Terms of Service at any time by cancelling your account on the Set List Service.

9.2 You agree that the Set List Service may terminate your account or any part thereof if you are in breach of the acceptable use policy of the Set List Service as defined in Section 4. You agree that any termination of your access to the Set List Service under this section 9.2 may be without prior notice, and you agree that the Set List Service will not be liable to you or any third party for such termination.

9.3 You are solely responsible for exporting your Content from the Set List Service prior to termination of your account for any reason.

9.4 Upon any termination of the Set List Service or your account these Terms will also terminate, but Sections 6.1, 10, 11, 12, 13, and 16 shall continue to be effective after these Terms are terminated.

9.5 The Set List Service reserves the right to remove Content that has not been accessed in the last three hundred and sixty five (365) days. The Set List Service reserves the right to suspend or delete accounts that have not been active in the last one hundred and eighty (180) days and are not subscribed to Content governed by a billing contract.

10 EXCLUSION OF WARRANTIES

10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT THE SET LIST SERVICE?S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SET LIST SERVICE IS AT YOUR SOLE RISK AND THAT THE SET LIST SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE".
10.3 THE SET LIST SERVICE MAKES NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SET LIST SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SET LIST SERVICE DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SET LIST SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SET LIST SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SET LIST SERVICE WILL BE ACCURATE.

11 LIMITATION OF LIABILITY

11.1 SUBJECT TO SECTION 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SET LIST SERVICE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

11.2 THE LIMITATIONS ON THE SET LIST SERVICE LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT THE SET LIST SERVICE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

12 INDEMNIFICATION

12.1 You agree to hold harmless and indemnify The Set List Service, and its officers, agents and employees from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Set List Service, (c) Your violation of applicable laws, rules or regulations in connection with the Set List Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers' fees, of every kind and nature. In such a case, The Set List Service will provide you with written notice of such claim, suit or action.

13 COPYRIGHT POLICY

13.1 Where you are agreeing these terms on behalf of an Organisation, you agree to set up a process to respond to notices of alleged infringement that comply with the United Kingdom's Digital Economy Act 2010. It is The Set List Service's policy to respond to notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down Content, if necessary, upon receipt of a valid notice.

14 OTHER CONTENT

14.1 The Set List Service may include hyperlinks to other web sites or resources. The Set List Service may have no control over any web sites or content or resources which are provided by companies or persons other than The Set List Service.

14.2 You acknowledge and agree that The Set List Service is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

14.3 You acknowledge and agree that The Set List Service is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

15 CHANGES TO THE TERMS

15.1 The Set List Service may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least ninety (90) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.

15.2 You understand and agree that if you use the Set List Service after the date on which the Terms of Service have changed, The Set List Service will treat your use as acceptance of the updated Terms of Service.

16 GENERAL LEGAL TERMS

16.1 The Terms and any applicable Order Form constitute the whole legal agreement between you and The Set List Service and governs your use of the Set List Service and completely replace any prior agreements between you and The Set List Service in relation to the Set List Service.

16.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

16.3 You agree that The Set List Service may provide you with notices, including those regarding changes to the Terms, by email, postal mail, or postings on the Set List Service. By providing The Set List Service with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

16.4 You agree that if The Set List Service does not exercise or enforce any legal right or remedy which is contained in the Term of Service this will not be taken to be a formal waiver of The Set List Service's rights and that those rights or remedies will still be available to The Set List Service.

16.5 The Set List Service shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures, and Internet disturbances.

16.6 The Terms, and your relationship with The Set List Service under the Terms, shall be governed by the laws of England and subject to the exclusive jurisdiction of the English Courts.

16.7 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, in the case of The Set List Service and where you are agreeing to these Terms of Services as an Organisation, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party's sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party's election, termination of your use of the Set List Service upon written notice to the assigning party.

17 PRIVACY

17.1 We care about the privacy of our Members. Please refer to our separate Privacy Policy published on the Set List Service which forms part of these Terms of Service and is incorporated herein by reference.

18 COOKIE POLICY

18.1 The Set List Service uses cookies like the other web applications you use. If you are concerned about the use of cookies then you should not use the Set List Service.

19 CHANGES

19.1 Version 1.2 updated to correct some typos.

1 PRIVACY POLICY

Version 1.2, 1 March 2024

1.1 This Privacy Policy describes our policies and procedures for the collection, use and disclosure of your information when you use the Set List Service.

1.2 We will not use or share your information with anyone except as described in this Privacy Policy.

1.3 This Privacy Policy should be read with the Terms Of Service. By using the Set List Service you are agreeing to this Privacy Policy.

2 PROVIDING US WITH YOUR EMAIL ADDRESS

2.1 If you provide us with your email address in order to request information about the Set List Service or to register with the Set List Service, then we may store this email address in advance of your setting up an account on the Set List Service so that we can fulfil your request.

2.2. We may also use your email address to send you marketing messages. If you don't want to receive these messages, then you can opt out by sending us an email request to 'alltogethernow@neo-phos.com' from your email address with the word 'UNSUBSCRIBE' in the subject.

2.3 If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.

3 ACCOUNT INFORMATION

3.1 We use your account information to let you access the Set List Service and to identify you to other members of the Set List Service. You control how much information is disclosed to other members although as a minimum you must disclose your email address and your name.

3.2 We use your email address to identify you as a valid member of the Set List Service and to send you emails related to Content on the Set List Service you are subscribed to and to Content you have submitted to using the service. We also use your email address to inform you of changes to the Set List Service.

3. We will not disclose your personal account information to any third party without your consent.

4 PEOPLE YOU INVITE TO USE THE SET LIST SERVICE

4.1 If you invite others to join the Set List Service, we will save that person's email address as part of the invitation process and track the progress of the invitation.

5 INFORMATION ABOUT YOUR USE OF THE SET LIST SERVICE

5.1 We collect information about your use of the service.

5.2 We use information about your use of the service to provide information relevant to the bands you are in.

5.3 We use information about your use of the service to monitor and improve the Set List Service.

5.4 We will not disclose information about your specific use of the Set List Service to third parties other than as required by law.

5.5 We may disclose aggregated information about the use of the Set List Service and disclose that information where such data does not identify you.

6 YOUR CONTENT

6.1 You are responsible for your content. The extent to which your content is disclosed to others is defined by you through the settings and options you choose on the Set List Service.

6.2 Content that you upload onto the Set List Service is stored within the European Union.

6.3 As defined by our privacy policy and 6.2 we will keep your content private and we not disclose it to third parties unless required by law.

7 WEB ANALYTICS

7.1 We may use uses third party analytics tools, such as Google Analytics, to help understand use of the Service. Many of these tools collect the information sent by your browser as part of a web page request, including cookies and your IP address. These analytics tools also receive this information and their use of it is governed by their privacy policy.

8 CHANGES TO PRIVACY POLICY

8.1 If we change our Privacy Policy, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

9 CHANGES

9.1 Version 1.2 updated to remove duplicate clause and minor tidy-up.

1 Service Pricing

Version 1.2, 1 March 2024

We built and operated this service for ourselves and provide the service free of charge to you.

We reserve the right to charge for the service in the future. In this event we will provide you with a minimum of 90 days notice.

2 CHANGES

2.1 Version 1.2 updated to remove duplicate clause and minor tidy-up.