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Fairshare Music is committed to providing an excellent user experience. In order to provide this website and our digital music services to you, you must agree to be bound by the following terms which form a legally binding contract between Fairshare Music Limited (“FM”) and you. Please read this terms and conditions in conjunction with our privacy policy (jointly and severally the "THE USER TERMS"). Effective date 21st June 2010.
1 ACCEPTANCE OF TERMS
1.1 Access to our Sites. Your access to and use of any FM websites (including but not limited to: www.fairsharemusic.com, its international versions and any other site powered by FM for third parties) (collectively “the Websites”) and any Services referred to in Clause 2, is subject exclusively to these terms and conditions. Third party websites operated by FM may also have additional terms to which you will be bound. It is your responsibility to read and understand any terms and conditions that apply to your use of websites and services.
1.2 Acceptance. You will not use the Website/Services for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these terms and conditions you must immediately stop using the Website/Services.
1.3 Right to Amend Terms. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms and conditions at any time without further notice. If we do this, we will post the changes to these terms and conditions on this page and will indicate the effective date at the top. If you do not agree to (or cannot comply with) the terms and conditions as amended, your only remedy is to stop using the Website/Service. You are responsible for regularly reviewing these terms and conditions so that you will be apprised of any changes. Your continued use of the Website/Services after any such changes constitutes your acceptance of the new terms and conditions.
2 THE SERVICES
2.1 Services. The Website provides digital media download and streaming services (“the Services”) designed to enable you to purchase legal digital media. The Services are for your own personal and non-commercial use and you are not authorised to make any copies of any downloads or streams other than for personal use.
3 OBJECTIONABLE MATERIALS
3.1 Objectionable Material. You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and FM will not be liable to you for content that may be found to be offensive, indecent, or objectionable. FM does not guarantee the accuracy of any descriptions provided on our Websites.
4 CHILD SUPERVISION
4.1 Accessing the Websites. We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Websites should supervise such access and use. It is your responsibility to determine which if any portions of the Website are suitable for your child to access.
5 AGE RESTRICTION TO REGISTER FOR SERVICES
5.1 Registering for the Services. You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Services. If you are under 18 but at least 13 years of age, you must present these terms and conditions to your parent or legal guardian, and he or she may consent on your behalf.
5.2 Minimum Age. Children under the age of 13 may not register for the Services, and parents or legal guardians may not register on their behalf. By registering for the Services, you represent that (i) you have read, understood and agree to be bound by these terms and conditions (ii) you are at least 18 years old, either entering into this contract for yourself or entering on behalf of your child or a child in your legal care aged 13 or over.
5.3 Full Access. If you are a parent or guardian allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. You are fully responsible for his or her use of the Website/Services, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not register and do not attempt to access the Service.
6 PRIVACY POLICY (please see also the full Privacy Policy listed separately)
Fairshare Music Limited are committed to protecting and respecting your privacy. This policy (together with our Terms and conditions and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
By accessing and using this website you agree to be bound by this privacy policy and our terms and conditions, which together govern such access and use (jointly and severally the "THE USER TERMS"). Further, you agree that any personal data (including (without limitation) contact details such as your name, address, telephone number, e-mail and any other data that maybe used to individually identify you) (“Personal Data”) that you submit or make available to us through this website will be processed in accordance with this privacy policy (“Privacy Policy”).
If you do not agree with the user terms or to your personal data being processed as set out below, do not use this site. Definitions used in this privacy policy are as defined in the Terms & Conditions unless otherwise stated.
6.1 Personal Information:
If you register for any of the Services you will be asked to provide basic personal information. The information is used solely for notifying you of changes or updates to the Website/Services. We will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services; or 3) unless we are obliged to provide details to a third party charity as part of a charitable promotion e.g.fairtunes and where in this case the user agrees to our terms and conditions.
6.2 Communications from us and mailing lists:
In order to keep our users informed about the operation of our Website/Services, we may send e-mails and announcements to your personal email address that you have provided to us upon registration. We may also offer options for you to sign up for our mailing lists without having to use any product or service. For additional information and offers, we give you the option of joining our mailing lists. We may also allow you to choose whether to receive mailings from record labels, our charity partners and other promotional partners that we think will be of interest to you. Any promotional e-mail from us will come with instructions for how to unsubscribe from the mailing list.
6.3 Competitions and Auction Prizes
We may hold competitions in connection with the Services, or in partnership with one or more of our partners or sponsors, as part of which, we may request contact information from you when you enter. We will use the information you provide to conduct the competitions and for other purposes to which you consent. If we offer competitions with third parties, we may share the information we obtain from you with them. If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether to participate in the applicable competition. Competition auction and raffle prizes are subject to strict terms and conditions regarding the quantity and value of the prize offered.
The Hollyoaks Music Show prize is for one album per month up to a maximum value of £7.99 per month gifted to a registered user over the age of 13. This auction prize starts in the month of July 2011 and ends June 2016. The prize is subject to our competition terms and conditions as well as our voucher code terms and conditions. The MediCinema auction prize is for one album per month up to a maximum value of £7.99 per month gifted to a registered user. This auction prize starts in the month of October 2010 and ends September 2015. The Centrepoint Sleep Out Auction Prize will take place on November 11th 2010 and is for one album per month for one year up to a maximum value of £7.99 per month gifted to a registered user. The GlobalCool auction prize with Backstreet Merchandising is for one album per month up to a maximum value of £7.99 per month gifted to a registered user. The runners up individual track prizes apply to any individual track up to a maximum value of £1.39 per track. This auction prize starts in the month of notification to fairsharemusic.com by Global Cool. The PDSA raffle prize draw runs during October 2011:
1. To be entered into the prize draw the supporter must be 18 or older
2. By purchasing music and supporting PDSA during this campaign the customer agrees to be entered into the competition
Entry is based on a customer purchasing a minimum of one track and choosing to donate to PDSA
Competition Terms & Conditions
1.1 The Prize Draws are operated by Fairshare Music Limited, company number 07102791, whose registered office is 24 St Johns Villas, London, N19 3EG (“FML”, “Our”, "Us" and "We").
1.2 The following terms and conditions ("Terms and Conditions") apply to free prize draws operated by Us through the "Competition" tabs located on the FML Facebook pages for individual live music venues operated by FML ("Prize Draws"). Specific entry requirements, Prizes, additional terms and conditions and other details specific to each Prize Draw should be found on competition notices on the FML Facebook pages ("Competition Notices").
1.3 Please read these Terms and Conditions carefully. These Terms and Conditions set out who can enter a Prize Draw, how the Prize Draws will be run, how We may use the data We collect from you and the circumstances in which We may withhold all or part of the Prizes and/or disqualify you. By submitting an entry for a Prize Draw, you agree to be bound by these Terms and Conditions and agree that if you win, you will grant to Us the right to use your name and/or image in Our publicity as set out below.
1.4 We reserve the right to cancel or amend these Terms and Conditions and/or the Prize Draws at any time without prior notice to the extent that it is reasonably necessary. When you enter a Prize Draw you are deemed to accept the Terms and Conditions at the date you enter. Any amendments to these Terms and Conditions will be posted in the Competition Notices.
1.5 We reserve the right to disqualify you if We have reasonable grounds to believe that you have breached any of these Terms and Conditions.
1.6 The Prize Draws are in no way sponsored, endorsed or administered by, or associated with Facebook and if You enter a Prize Draw, You release Facebook from any and all liabilities in connection therewith.
2 ELIGIBILITY
2.1 To enter a Prize Draw you must:
(a) be resident in the United Kingdom;
(b) be able to comply with all the Terms and Conditions; and
(c) be at least 18 years old.
2.2 You must not be an employee, agent or a director of, or a member of the family of an employee, agent or director of:
(a) Us or any of Our associated companies or subsidiaries; or
(b) any advertising agency or web company connected with Us.
2.3 You can only enter a Prize Draw once. No third party entries, bulk entries or entries submitted by agents will be accepted.
2.4 We reserve the right to verify the eligibility of entrants. We may request such information as we consider reasonably necessary for the purpose of verifying the eligibility of an entrant and prizes may be withheld until and unless We are satisfied with the verification.
3 PRIZE DRAW ENTRY REQUIREMENTS
3.1 Entries to a Prize Draw must be received by Us between the dates and times specified in the relevant Competition Notice (“Entry Period”). Any entries which are received outside of the Entry Period will not be considered, regardless of the reason.
3.2 To enter a Prize Draw, you need to comply with the entry requirements and follow the instructions set out in the relevant Competition Notice.
3.3 We shall be entitled to disqualify any entry which We believe (i) includes false or misleading information; or (ii) otherwise breaches these Terms and Conditions.
3.4 We cannot be held responsible for entries which are lost or corrupted nor for any entries to a Prize Draw which We do not receive as a result of any technical error, however caused. In addition We cannot accept any liability for any difficulties experienced in submitting an entry. Proof of entry or submission will not be deemed to be proof of receipt.
4 SELECTION OF WINNERS
4.1 Following the end of the Entry Period for each Prize Draw, We will select Winner(s) at random from all entries for that Prize Draw received which comply with these Terms and Conditions ("Winner"). The number and method of notification of Winners will be specified in the relevant Competition Notice.
4.2 If We notify you that you have been selected as a Winner and you do not acknowledge such notification by the method and within the timeframe specified in the relevant Competition Notice, We shall be entitled to withdraw your selection as a Winner and may select an alternative winner in Our absolute discretion.
5 PRIZE
5.1 The Prize Draw prize will be the prize specified in the relevant Competition Notice ("Prize"), subject to these Terms and Conditions.
5.2 Prizes will be sent to Winners in accordance with the relevant Competition Notice, provided always that the Winner has fully complied with his/her obligations under Condition 6.
5.3 There are no Prize substitutions or cash alternatives and the Prize is not transferable.
5.4 Where for reasons outside of Our reasonable control We are unable to deliver to Winners the whole or any part of the Prize We shall have the right to substitute all or part of the Prize offered for an alternative prize which We reasonably nominate.
5.5 Winners and any permitted companions will be solely responsible for all their own expenses, including without limitation travel expenses. We assume no responsibility and are not liable for any costs, charges, expenses or taxes which any Winner may be required to pay at any time in connection with the Prize. Winners and permitted companions shall at all times be subject to all applicable ticket terms and conditions and venue rules.
6 WINNER
You agree that if you are a Winner:
6.1 you consent to Us using your name and/or image in Our publicity for the Prize Draws and in such promotional materials as We see fit whether now or in the future, anywhere in the world; and
6.2 you will not resell, offer for hire or otherwise transfer the Prize to any third party.
7 FINAL DECISION
7.1 In all matters Our decision will be final and no correspondence or discussion shall be entered into with you or any other party on your behalf regarding the process or details of such decision.
8 LIMITATION OF LIABILITY
8.1 We cannot be held responsible for any costs incurred by you in entering a Prize Draw (whether or not such entry is successful) or in relation to you taking part in a Prize Draw.
8.2 We will not be responsible for any losses you suffer as a result of Our breach of these Terms and Conditions unless those losses were reasonably foreseeable to both you and Us at the date you enter a Prize Draw.
8.3 For the avoidance of doubt, We will not be liable to you, in contract, tort (including, without limitation, negligence) or otherwise in connection with the Prize Draws for:
(a) loss of revenues, profits, contracts, business or anticipated savings or loss of data; or
(b) any loss of goodwill or reputation; or
(c) any special or indirect or consequential losses; however caused.
8.4 Nothing in these Terms and Conditions shall exclude or limit Our liability:
(a) for death or personal injury resulting from Our negligence or a deliberate act or omission of Ours or any of Our officers, employees or agents;
(b) for fraudulent misrepresentation; or
(c) to the extent that such liability cannot by law be excluded or limited.
8.5 We will not be liable for any damages or losses as a result of failure by Us to deliver any Prize Draw, the Prize or any other prizes as a result of any circumstances outside of Our direct and reasonable control including, but not limited to, as a result of a server failure (including but not limited to access delays or interruptions, data non-delivery or mis-delivery), any act(s) of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and/or failure or lack of reception of telephone or mobile telephone networks.
9 YOUR LIABILITY TO US AND YOUR STATUTORY RIGHTS
9.1 You agree to fully indemnify Us in respect of all liabilities, damages, claims, actions, expenses (including reasonable legal fees), demands or costs incurred by Us as a result of any breach by You of these Terms and Conditions including but not limited to any breach of Condition 6.
9.2 Nothing contained in these Terms and Conditions shall affect any statutory rights to which you may be entitled as a consumer.
10 YOUR DATA
10.1 When entering a Prize Draw, you will provide Us with information about yourself (“Personal Data”), including but not limited to your name and email address.
10.2 If you enter a Prize Draw, We shall use your Personal Data to send you a weekly email newsletter containing information about Our services, including forthcoming events at FML venues ("Weekly Newsletter"), unless You have indicated, when entering the Prize Draw that you do not wish to receive the Weekly Newsletter. You may opt-out of receiving the Weekly Newsletter at any time, by clicking on the relevant link on the Weekly Newsletter.
10.3 When you input Personal Data when entering a Prize Draw, We use appropriate physical, electronic and managerial security measures to try to prevent that Personal Data from being accessed by unauthorised persons and to ensure that you may input Personal Data safely.
10.4 We reserve the right to access and disclose your Personal Data to comply with applicable laws and lawful government requests or requests by the police investigating illegal activities. You agree that your Personal Data may be transferred to countries outside the European Economic Area for the purposes described above, including to countries which may not provide legal protection of Personal Data equivalent to the level of protection within the United Kingdom.
11 GOVERNING LAW
11.1 These Terms and Conditions are governed by and construed in accordance with English law and any dispute arising from them shall be subject to the non-exclusive jurisdiction of the English courts.
12 ENQUIRIES
12.1 For all enquiries, comments, feedback or further information please contact info@fairsharemusic.com. All questions, comments or complaints regarding the Prize Draw should be directed to Us and not Facebook.
12.2 Winners’ names will be made available on receipt of a stamped self-addressed envelope by Us.
12.3 All enquiries regarding the Prize Draws (including requests for the name of Winners) must be received by Us within 28 days of the closing date of Prize Draws as set out in the relevant Competition Notice.
6.4 Payment Information:
We use Barclaycard to conduct payment services so if you pay us for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. We do not store or retain this payment information in any way.
6.5 Gift Cards and Gift Certificates
(1) Fairsharemusic.com gift certificates and gift cards must be redeemed on the Fairsharemusic.com website towards listed in our online catalogue and sold by Fairsharemusic.com,
(2) Gift certificates and gift cards cannot be used to pay for gift certificates and gift cards.
(3) Gift certificates and gift cards have no cash redemption value and are not transferable or assignable. Fairsharemusic.com may provide GC purchasers with information about the redemption status of GCs that they purchase.
(4) Any unused balance will be recorded in the recipient's “My Account” on Fairsharemusic.com and clearly shown on the homepage.
(5) If the order exceeds the amount of the gift certificate or the gift card, the balance must be paid by credit or debit card.
(6) Gift certificates and gift cards and unused portions of gift certificates and gift cards expire two years from the date of the code activation, where permissible under applicable law.
(7) Normal terms and conditions of purchase and use of the Fairsharemusic.com website apply.
(8) Please note that some products available for sale on the Fairsharemusic.com website are deemed explicit. If you are planning to give a gift certificate or a gift card to someone under 18 years of age, please ensure that they are made aware that some products are deemed explicit.
(9) Please note our young person’s policy which excludes persons under the age of 13 registering for an account. If you are planning to give a gift certificate or a gift card to someone under 13 years of age, please ensure that they receive their parent/guardians permission to use the site.
(10) One or more gift certificates or gift cards can be redeemed against an order. Also gift certificates and gift cards can be combined with Fairsharemusic.com promotional gift certificate.
(11) Fairsharemusic.com is not responsible if a gift certificate or a gift card is lost, stolen, destroyed or used without permission.
(12) Except as stated otherwise data collection and use are subject to fairsharemusic.com privacy policy which can be found at www.fairsharemusic.com/privacy
(13) Fairsharemusic.com reserves the right to close a customer’s account and request alternative forms of payment if a gift certificate or gift card credit is fraudulently obtained or used on fairsharemusic.com
6.6 Use of Vouchers and Postcard PROMO Voucher Offers::
Vouchers for Services may be provided from time to time by partners, our sponsors or us. If you redeem a voucher to pay for Services, you may be required to provide additional personal information that may be shared with a third party. If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether to use the voucher.
We may advertise our service through postcards with voucher codes offered. These PROMO voucher codes will allow a free download. The cheapest item will be free at the point of purchase. Please note that these items must be tracks and not singles or albums. Please see FAQ for further details.
Voucher Code Terms & Conditions
If you have received a fairsharemusic.com voucher from us as an incentive or part of a competition, the following terms and conditions apply to each voucher:
1. Unique Promotional Voucher Codes are subject to availability and a maximum of one can be redeemed per account.
2. The Promoter accepts no responsibility for lost or damaged Unique Promotional Voucher Codes.
3. The Unique Promotional Voucher Code entitles the consumer to the unique promotional offer, which can be used on a download purchase at Fairsharemusic.com.
4. The Voucher itself may have a maximum value which will be clearly specified in the promotional terms and conditions
5. To redeem your Unique Promotional Voucher Code you must enter it in the voucher code box during the Fairsharemusic.com ‘Checkout’ process.
6. To redeem your Unique Promotional Voucher Code you must be registered with Fairsharemusic.com and have a Fairsharemusic.com account.
7. All Unique Promotional Voucher Codes are single use only and will expire upon use.
8. The value of Unique Promotional Voucher Codes redeemed against orders that are later cancelled will not be refunded.
9. If the full value of the Unique Promotional Voucher Code is not redeemed no credit will be given.
10. Unique Promotional Voucher Codes cannot be used in conjunction with each other or with any other fairsharemusic.com promotional offer.
11. Acceptance of your Unique Promotional Voucher Code is deemed acceptance of these terms and conditions.
12. There is no obligation for the customer to purchase any additional tracks, nor are they required to sign up to a music subscription service.
13. Fairsharemusic.com reserves the right to refuse any Unique Promotional Voucher Code application or Unique Promotional Voucher Code redemption if there is any suspicion of fraud or mal redemption.
14. Fairshare Music has the right to terminate accounts and request refunds if there is any suspiciion of fraud or mal redemption.
15. Our standard Privacy Policy and general Terms & Conditions apply. See website for details.
For information on how to use the voucher code system please see our FAQ’s
6.7 Loyalty Incentives:
From time to time, Fairshare Music Limited may use loyalty incentives in order to increase the donation and payment amounts to charities from music downloads. These include first visit use as detailed below. The loyalty incentive donation amount will be manually added and paid to the chosen charity in line with our payment terms.
First Visit Loyalty Incentive
Buy an Album and Fairshare Music will pay an extra 10% to charity
Spend £10 and Fairshare Music Limited will give an extra 20%
Spend £20 and Fairshare Musicv Limited will give an extra 50%
6.8 Your Rights:
If you are a registered user, you have certain rights under the 1998 Data Protection Act. You have the right to be told what personal information we hold about you on our database. Should you wish to exercise that right, or if you have any questions concerning this Privacy Policy, please write to: info@fairsharemusic.com with Privacy Policy as the subject heading.
6.9 Cookies:
We use a technology called "cookies" as part of our normal business procedure to allow the Website to function properly. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening although this may affect our service. Any information collected in this way can be used to identify you unless you change your browser settings.
6.10 Aggregated Information:
To monitor and improve the performance of our technology, we capture other data such as search criteria, results, downloads and purchases. We only share this data on an aggregate basis for instance to chart reporting companies for compilation of sales charts. We also gather information such as date, time, connection speed and IP address of all service users. We keep this information for our internal security audit log, aggregate trend analysis and system administration. We may sometimes use third party service providers to help us track the activity and user flows within our service. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user's movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analysed on an aggregated basis solely for the purpose of internal analysis by us to improve the Service.
6.11 Policy for Young People
Children under the age of 13 are not eligible to use the Website and must not attempt to register with fairsharemusic and/or submit any personal information to us. We don’t knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us at support@fairsharemusic.com, supplying the e-mail address of the account and we will delete all relevant information.
We recommend that children between the ages of 13 and 17 should not send any information about themselves to anyone over the Internet (including to us) without asking their parents/legal guardians for permission beforehand.
6.12 Legally-Compelled Disclosures:
We believe in privacy and therefore will take all reasonable measures to ensure that your personally identifiable information remains private. However, in the event that we are required to disclose personally identifiable information by a court, the police or other law enforcement bodies for their investigations, regulation or other governmental authority we will make such a disclosure without being in violation of this Policy
6.13 Business Transitions:
If Fairshare Music Limited is acquired by another company or sells all or a portion of its assets to another company, or in the event of a merger, it is likely that user information will be a part of the assets transferred. If as a result of such a business transition information is to be collected, used or disclosed in a manner or for a purpose different from that stated above, fairsharemusic.com will endeavour to notify all users of such changes beforehand.
6.14 Consent:
By disclosing any information to Fairshare Music Limited through the Website and by using the fairsharemusic.com Website as a registered user, you are consenting to the collection, storage and use of your personal information by Fairshare Music Limited as set out in this Policy and the Terms and Conditions, and you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United Kingdom and other countries and territories. If you do not consent to the collection, maintenance, processing and transfer of such information in and to the United Kingdom and other countries and territories, then you should not use the Website as a registered user, which means that many features will be unavailable to you.
6.14 Security:
We have implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
6.14 Governing Law:
This Privacy Policy shall be governed by and construed in accordance with English law and jurisdiction and , in particular, the Data Protection Act 1998 and any other applicable privacy regulations (as amended, consolidated or re-enacted from time to time).
7 USER ACCOUNT, PASSWORD AND SECURITY
7.1 Password Security. If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any unauthorised person’s use of the Website/Services, including all financial charges and legal liability that he or she may incur. We recommend that you change your password from time to time for additional security. If you believe someone has accessed any Service using your user name and password without your authorisation, it is your responsibility to set up a new password.
7.2 Unauthorised Access. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will FM be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree that we will be entitled to assume that any person logging into the Websites using your username and password is either you or someone doing so with your permission.
8 USAGE RULES
8.1 Use of Content. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such content originated. We do not control or endorse the content and cannot guarantee the accuracy, integrity or quality of such content and you acknowledge that by using the Services you may be exposed to content that is offensive and/or indecent. FM will not be liable in any way for any content or for any loss or damage of any kind resulting from the use of any content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such content.
8.2 Digital Rights Management. You understand that some of the Content includes a security framework using technology that protects digital information and limits your usage of the Content to certain usage rules established by FM and its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
8.3 Previews. A “Preview” is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Previews as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview.
8.4 Content Usage Rules.
(i) You are authorised to use the Content only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.
(ii) You are authorised to use the Content on up to five authorised devices at any time. FM reserves the right to limit the number of authorised devices further and the number of authorised downloads to comply with the wishes of its licensors.
(iii) You may not use Content as a musical “ringer” in connection with mobile phone calls.
(iv) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Content.
(v) The delivery of Content does not transfer to you any commercial or promotional use rights in the Products.
(vi) Content in the MP3 or AAC format does not contain security technology that limits your usage of such Content and you may use them as reasonably necessary for personal, non-commercial use.
You agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules, and that any other use of the Content may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content. The Usage Rules shall govern your rights with respect to the Content. FM reserves the right to modify the Usage Rules at any time.
8.5 Use of the Website/Services. You agree not to:
(i) Use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(ii) Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(iii) Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(iv) Threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(v) Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(vi) Make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
(vii) Collect or store personal information about others, including email addresses;
(viii) Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(ix) Impersonate any person or entity for the purpose of misleading others;
(x) Violate any applicable laws or regulations;
(xi) Use the Website/Services in any manner that could damage, disable, and overburden or impair the Website/Services or interfere with any other party's use and enjoyment of the Website/Services;
(xii) Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
(xiii) Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
8.6 Monitoring. We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.
9 TERMINATION
9.1 Termination. We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
10 EQUIPMENT
10.1 Equipment. Without limiting any provision herein, FM makes no warranty that any particular computer, portable device, or other hardware will be compatible with FM’s Website/Services. It is your sole responsibility to ensure that your playback system(s) will function correctly with the application.
11 REFUND POLICY
11.1 All Sales are Final. All sales are final and all charges from those sales are non-refundable. Due to the nature of the service you are not able to cancel any purchases of downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. In exceptional circumstances, refunds are given at the discretion of the management.
12 LINKS TO THIRD PARTY WEBSITES
12.1 Links on the Websites. The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that FM is not responsible for the content or availability of any such sites.
13 INTERNATIONAL USE
Currently FM has the right to provide the services within the UK. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
Some of our downloads are restricted by territory. Where required, to conclude the purchase of any such restricted products, you will be required to provide a billing address in the relevant territory. You agree not circumvent any territorial restrictions in place on the Website/ Services or provide false billing information.
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