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Terms of Use

These are the Terms of Use of Fanity B.V. "Fanity" a company registered at the chamber of commerce in The Netherlands under number 50279599 located in Amsterdam.

It’s our pleasure to welcome you as a user of our services. Fanity wish to bring you the latest updates, news and buzz about your favorite artists. The only way we can do this is to create your own personal stream which features all information about your favorite artists. To create such personal stream, we need some information from you and we have to automatically collect information about your use of our websites, API, SMS and other services further referred to as “Services”. By continuing to use Fanity or to sign up for an account you agree that this document “Agreement” is a legally binding document and you abide by the conditions of this Agreement. We advise you to carefully read this agreement. If you have any question, remarks or comments about this Agreement and its content, please let us know by sending us an email via contact@fanity.com.

Would you like to receive a copy of this Agreement, you can mail us via contact@fanity.com, with “request terms” in the subject line.

Privacy

We care about your privacy, therefore we advise you to read our Privacy Policy. Any information that you provide to Fanity is subject to our Privacy Policy and defines the manner about how you can use Fanity to share with others and how we collect and will use your personal information and content.

Sign-up and account security

If you sign-up for a Fanity account we ask you to follow some rules in order to keep Fanity a clean and trustworthy Service. We strive to create a simple sign up process, please find more information about the sign up process on the website.

Correct information.

You will not provide us with false personal information when you sign-up for a  Fanity account.

Age.

If your under 13 you will not create a Fanity account.

Password.

You are responsible for safeguarding your personal password, therefore you will not share your password. We advise you to choose a strong password and recommend the use of upper and lower case letters, numbers and symbols. Do not share your password with others.

Accessing other accounts.

You will not access accounts that are not yours.

Disabled accounts.

When we have disabled your account you will not create another account without our prior permission.

Account on others name.

You will not create an account on someone else’s name and/ or use someone else’s personal information, unless this person has given you explicit permission.

Transfer your account.

You will not transfer your account to any third party without our prior written permission.

Accurate and up-to-date.

You will keep your personal information accurate and up-to-date.

Remove or reclaim.

If we provide you with a unique username for your account we reserve the right to remove or reclaim it at any time. If we do, we always have a good reason, such as, but not exclusively, trademark infringement.

Public computers.

Please be aware that when using a public computer and you will not log-out from your Fanity account or if the public company uses cookies, others will be able to access your account. You are responsible for your use on public computers.

Content

Because you are the owner of the information and content you post on Fanity, you are responsible for your use of the service and therefore for any consequences thereof. The content, like; photos, video, text “IP content” you submit, post or publish we will make public and shall therefore be shown to other users of the Service and through third party services and websites. So you should only publish IP content you feel comfortable sharing with others under this Agreement and our Privacy Policy. You grant us a non-exclusively, transferable, sub-licensable, royalty-free, worldwide license to us any IP content you post, publish or share in connection with Fanity IP License. This IP License will end when you delete your IP content, your account unless this IP Content has been shared with others and they have not deleted it. You agree that when you delete your IP content or your Account, Fanity may have back-ups of your IP content and Account and will keep this back-up for a reasonable period of time.

If you provide us with feedback on our product, you have to understand that we might use your feedback to improve our Services, we are not obligated to compensate you in any way for using your feedback.

Lyrics

You may use lyrics ("Lyrics") supplied by Gracenote, Inc. of Emeryville, California ("Gracenote") only for search and display. You agree that you will use Lyrics only for your own personal non-commercial use. You agree not to assign, copy, transfer, or transmit any Lyrics to any third party. YOU AGREE NOT TO USE OR EXPLOIT LYRICS EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your license to search and display Lyrics will terminate if you violate any of these restrictions. If your license terminates, you agree to cease any and all use of Lyrics. Gracenote and its suppliers reserve all rights in Lyrics, including all ownership rights. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.

YOU AGREE TO NOT TO USE ANY COPYRIGHTED WORKS SUPPLIED OTHER THAN AS LICENSED. YOU AGREE NOT TO DEFEAT, EVADE OR CIRCUMVENT ANY SYSTEM DESIGNED TO PROTECT LYRICS FROM UNAUTHORIZED USES.

Each Lyric is licensed to you "AS IS." Gracenote, Fanity, and its suppliers make no representations or warranties, express or implied, regarding the accuracy of any Lyric. Gracenote and/or Fanity reserves the right to remove Lyrics for any cause that Gracenote and/or Fanity deems sufficient.

GRACENOTE, FANITY AND THEIR SUPPLIERS DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO CASE WILL GRACENOTE, FANITY OR THEIR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.

Prohibited content & rules

We respect others and the law, therefore we have strict rules on what content you are not allowed to publish via Fanity and what rules all our users should obey. We reserve the right to decide whether content you publish is prohibited or not. We reserve the right at all times to remove or refuse content at our own discretion.

Discriminate.

Content that is discriminating to others regarding, race, culture, gender, age, religion or origin is prohibited from publishing on Fanity.

Respect.

You will not harass, bully, intimidate or extort any of our users.

Collect user content and information.

You will not use automated means, such as, spiders, bots or scrapers, to collect users information and content or otherwise access Fanity.

Uploading.

You will not upload any viruses or malicious code

Pornography.

Content or links that have any relationship with porn are not allowed on Fanity.

Spamming.

It’s not allowed to send information to others without their prior consent or to link to a third party website for commercial or illegal purposes.

Violence.

Content that evokes for violence or harassing others is not allowed.

Personal information.

Content that publishes any personal and non-public information of others without their consent.

Sensitive information.

Publishing identification documents or sensitive financial information of others is prohibited.

Copyright.

You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission.

Parts of the site are generated by; computers crawling the web, provided by third party services or uploaded by our users. It is Fanity's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act).

Therefore we offer you as a content owner the possibility to opt-out from crawling of your content, or provide a copyright infringement notification to have a certain items removed. To file a copyright infringement notification with us, we ask you to visit our DMCA page.

Commerce.

Content that have a commercial goal, such as but not excluding, ads, competitions, sweepstakes, giveaways personal selling, games, lotteries are prohibited without prior written permission from Fanity.

Multi-level marketing.

Unlawful multi-level marketing, such as Pyramid schemes is prohibited

Other.

Content that violate this Agreement, the law, arrangements or other regulations.

Name and Likeness

In connection with the Material you grant Fanity a revocable, worldwide, royalty-free license to use your name, likeness, image, voice, and biographical information in connection with the Material (including, if applicable, your voice or image in the Material), if it is part of Fanity applications and services you choose. This paragraph only applies to you if you are an artist and you have signed up for artists profile and your profile is verified.

Advertizing

Our goal is to offer you a free service. To be able to do so, we deliver ads to you, but only ads that are valuable to you and not only for our advertisers. We shall never give your content or personal information to advertisers without your prior consent.

Warranty “as-is”

WE STRIVE TO OFFER YOU A BUG-FREE, HIGH QUALITY AND SAFE SERVICE, BUT YOUR ACCESS TO AND USE OF FANITY AND ITS SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT OUR SERVICES ARE PROVIDED TO YOU ON A “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTIES THAT FANITY IS SAFE AND/OR SECURE. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, AVAILABLE CONTENT, LINKS, THIRD PARTY SERVICES AVAILABILITY, TIMELINESS, ACCURACY OR RELIABILITY. YOU ALSO AGREE THAT FANITY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE CONTENT OR TO TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ITS CONTENT, YOU ARE FREE TO TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.

Liability

IN NO EVENT SHALL FANITY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE LIABLE FOR ANY, DIRECT, INDIRECT, INCIDENTALSPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT ANY LIMITATIONS, LOSS OF DATA, LOSS OF PROFITS, USE, GOOD-WILL, INTERUPTION OF OUR SERVICES, COMPUTER OR OTHER HARDWARE FAILURE OR OTHER INTANGIBLE LOSSES THAT MAY ARISE OUT OF THE USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF YOU HAVE INFORMED FANITY ABOUT THE POSSIBLE DAMAGES OR LOSSES THAT MAY ARISE AS A RESULT OF USING OR INABILITY TO  USE OUR SERVICES. NOTHING IN THIS AGREEMENT REMOVES OR LIMITS FANITY’S LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. IN CASE

Copyright

It is Fanity’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Fanity’s copyright policy can be found at our copyright information page.

Term and Termination

This agreement will become effective when you have agreed on these terms by ticking the “I agree” box when creating a Fanity account or when you start using our Services and will remain effective until terminated by you or Fanity. You may cancel your account at any time and without giving any reason by sending us an email. We reserve the right to restrict, suspend, deny or terminate access to your Fanity account or our Services at any time, in case of unauthorized, suspected unauthorized or violation of these terms, whether in contravention of this agreement or otherwise. We may inform law enforcement authorities when there is any violation of these terms . We will inform you by email (via the address you provided us) or at the next time you attempt to access your account about the termination or suspensions of your account. If we decide to terminate this Agreement or suspend your account, Fanity shall have no liability or responsibility to you.

Changes to our services

We reserve the right to modify, change, enhance, suspense or discontinue the Services (or any part thereof) at any time,  either temporarily or permanently with or without notice. You agree that Fanity shall not be liable to you or any third party for any modification, changes, enhancements, suspensions or discontinuance of the Service. In case we do may change this Agreement, we will make sure you will be fully aware of the changes by highlighting them, unless stated otherwise, you will find our latest Terms of Use Agreement at http://fanity.com/terms. If we make changes to this agreement we believe you should know off, we will send you an email about these changes to the email address you provided us (so make sure we have the correct email address). If you would like to keep updated about all changes in this Agreement, we believe it’s your own responsibility to check this page from time to time, so after using or continue to access our Services after change become effective, you agree on the Agreement/

Law and disputes

This Agreement shall be governed by the laws of The Netherlands, applicable to agreements made and to be performed therein without regard to conflict of laws principle.