Terms of Use
Terms of Use for the Music FM Free Service
Article 1 – General
Welcome to the Terms of Use for the Music FM Free Service, which includes the website accessible at http://www.fmmusic.jp (hereinafter the “Site”), and its desktop, tablet and mobile applications (hereinafter the “Application”).
The Site and Application are created, developed and operated by Music FM S.A. (hereinafter “Music FM”) a United Kingdom corporation listed in the Trade and Companies Register under number 511 716 573, the registered office of which is located at 38 Chesham Pl SW1X 8HW London – United Kingdom.
To access and use the Music FM Free Service, the user must (i) be at least 16 years old (ii) register and create a personal account and (iii) at the time of registration, accept these conditions of use (including the Privacy Policy) (hereinafter the “Terms”) without reservation.
The use of the Site and Application is only authorised for a personal and private use, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.
Article 2 – Presentation of the Music FM Free Service
The Music FM Free Service is a free advertising-funded on-demand service for streaming sound Recordings and other musical and cultural content (such as podcasts, radio stations and in certain territories, audiobooks) (hereinafter the “Recordings”), with no download or tethered download features, with audio and display advertising, on any device (whether portable or non-portable) on an unlimited basis (hereinafter the “Music FM Free Service”) to each registered user (hereinafter the “Music FM Free User”).
The Music FM Free Service includes personalised music, playlists and other content recommendations.
Streaming is possible track by track, by creating playlists, or via radio stations.
Article 3 – Access to and use of the Music FM Free Service
The use of the Music FM Free Service requires a high-speed Internet connection for personal computers and an Internet service for portable devices. These connections are not provided by Music FM, therefore the Music FM Free User must first subscribe to a high-speed Internet and/or mobile Internet offer in order to use the Music FM Free Service.
A mobile Internet connection via third or fourth generation (3G or 4G) mobile technology is highly recommended.
The music catalogue available as part of the Music FM Free Service is linked to the agreements in force with the rights-holders and may therefore change. Music FM cannot guarantee the availability of any given track or album or any artist or group in the Music FM Free Service catalogue.
Moreover, Music FM cannot guarantee that any given track, album, artist or group in the Music FM Free Service catalogue will be available indefinitely. Music FM assumes no liability for the withdrawal of any part of the catalogue content made available.
As a Music FM Free User, you can activate the Music FM Free Service on a personal computer (PC or Mac) and a compatible portable device. The Music FM Free Service is only accessible from one connection at a time (registered personal computer or compatible portable device). Music FM has the technical means to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections.
Article 4 – Availability and modification of the Music FM Free Service
The Music FM Free Service can be accessed 24 hours a day, seven days a week, within the limits of the Terms and in particular the terms of Article 7 hereunder.
However, Music FM has the right to make any changes or improvements to the Music FM Free Service as it deems necessary. Music FM nevertheless guarantees that it will not affect the quality or substantially change the features of the Music FM Free Service.
In addition, Music FM has the right to temporarily remove access to the Music FM Free Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of the Music FM Free Service. Music FM is also entitled to shut the Service down permanently with no compensation payable. Any permanent shutdown of the Music FM Free Service will be notified via the Site or via the Application.
Article 5 – Terms of access to the Music FM Free Service
The Music FM Free User declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).
Article 6 – Music FM Free User’s liability
i) Each Music FM Free User can post messages, information and/or comments on the Site and the desktop Application. The Music FM Free User is liable for any messages, content or information published by him/her on the Site or desktop Application; Music FM is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Music FM Free User on the Site or desktop Application, over which Music FM has no control or supervision.
To avoid being held liable, the Music FM Free User expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):
- Does not infringe third party intellectual property rights; the member therefore agrees not to publish content on the Site or desktop Application that is protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of said rights;
- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application’s features;
- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;
- Does not infringe any right to privacy or promote disrespect for human dignity;
- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;
- Does not harass other Users;
- Does not promote or encourage any criminal activity or enterprise;
- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;
- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;
- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site;
- Contains no addresses or Internet links transferring to an external website the content of which violates any applicable law and/or regulation, infringes third party rights or is in breach of the Terms.
ii) The Music FM Free User agrees not to use any automated system such as scripts for the purpose of adding Users to his/her User account and/or sending comments or messages.
iii) The Music FM Free User is solely responsible for keeping his/her password safe and confidential; he/she further undertakes not to disclose his/her password at any time to any other User or use the account, name or password of any other User.
iv) The Music FM Free User certifies the accuracy of the information given to Music FM for his/her registration and agrees to notify any modification.
v) The Music FM Free User recognises that if his/her use of the Site or Application is in breach of the Terms and more broadly any third-party rights, laws and regulations in force, Music FM has the right to immediately suspend or remove him/her from the Music FM Free Service and/or block his/her access to the Music FM Free Service without notice.
vi) If the Music FM Free User breaches the applicable legislation or infringes any third-party rights, Music FM has the right to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities and police forces).
Article 7 – Disclaimer of warranties
The Music FM Free User declares that he has been informed of the scope and limitations of the Internet network.
As a result, Music FM disclaims all liability for any malfunction in access to the Music FM Free Service, the speed at which the pages of the Site and/or Application open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the Music FM Free Service, and the fraudulent use by third parties of the information provided on the Site or Application.
It is therefore the Music FM Free User’s duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which Music FM can never be held liable. Music FM can never be held liable for any malfunction of or damage caused to the Music FM Free User’s equipment.
More broadly, Music FM disclaims any liability if a breach of any of its obligations results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.
Music FM disclaims all liability should it transpire that the Music FM Free Service is incompatible with certain equipment and/or features of the Music FM Free User’s equipment.
Finally, the Music FM Free User is solely liable for his/her use of the Music FM Free Service and cannot hold Music FM liable for any claim and/or proceedings against him/her in this regard. The Music FM Free User shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against Music FM by a third party in relation to the Music FM Free User’s use of the Music FM Free Service.
Article 8 – Intellectual property
The general structure of the Site, the Application, the Music FM Free Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos, as well as the visuals on the packaging) are the exclusive property of Music FM and/or its licensors (notably the record and video producers, the record companies, authors’ rights societies, etc.).
These elements are protected by intellectual property law and other laws, and particularly copyright. You may only use these elements for the purpose of using the Music FM Free Service, in accordance with the Terms.
Any representation of all or part of the Site, the Application, the Music FM Free Service and/or the elements composing them (as described above), by any means, without the express consent of Music FM, is therefore forbidden and would be treated as an infringement punishable by law.
Any hyperlink to the Site and use of the “framing” technique (a programming technique that makes it possible to divide browser windows into separate frames in order to display the content of an external website) or the “in-line linking” technique (programming to make one element extracted from another site disappear into a web page, which saves storage space on the hard drive on which the Site is hosted and makes it possible to hide the initial content of which the element is part from an uninformed user) is strictly prohibited. Any unfair use of a Music FM account (such use for instance aiming to artificially or abnormally increase the number of times certain specific music tracks are played), by any automated processes such as robots and scripts or any other means, is strictly prohibited.
The Recordings on the Music FM Free Service are digital files protected by national and international copyright and related rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Music FM Free User liable to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer whether permanently or temporarily onto the hard drive of a computer or any other device (music players in particular), any ripping or burning or attempt to rip or burn any file or files onto a CD or any other medium is expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.
The Music FM Free User acknowledges that the Recordings made available to him/her within the Site and Application are protected by protective technical measures set up by Music FM in order to prevent or limit, depending on the technology offered, the unauthorised use of the Recordings.
The Music FM Free User agrees not to bypass these protective technical measures by any means, for the purpose of downloading these files and enabling them to be stored on his/her reception terminal regardless of what that is (computer, mobile phone, music player or other portable music disc player, etc.).
Article 9 – Suspension and/or cancellation initiated by Music FM or the Music FM Free User
Without prejudice to any damages that Music FM may claim, Music FM has the right to suspend access to the Music FM Free Service by a Music FM Free User and/or cancel his/her subscription to the Music FM Free Service without notice or compensation, in the event that the Music FM Free User:
- Does not comply with the Terms and especially:
o Infringes Music FM’s or its licensors’ intellectual property rights;
o Bypasses or attempts to bypass the protective technical measures set up by Music FM;
o Uses multiple simultaneous connections with the same account or attempts to do so;
o Provides false information at the time of his/her subscription to the Music FM Free Service.
- Carries on activities prejudicial to Music FM’s commercial interests.
The Music FM Free User may delete his/her account at any time from the Site through “My account”.
Article 10 – Amendments of the Terms
Music FM has the right to amend the Terms at its sole discretion. Music FM will inform the Music FM Free User by email to the email address given on the Music FM Free User’s account, of any amendments of the Terms at least 1 (one) month before they come into effect. If the Music FM Free User does not accept these amendments, he/she will be free to delete his/her account on the Site as mentioned in Article 9 above. Unless the Music FM Free User deletes his/her account, the amended Terms will come into effect one (1) month following receipt of notification of the amendment of the Terms.
Article 11 – Customer Service department
As part of his/her access to and use of the Music FM Free Service, Music FM provides the Music FM Free User with a community, accessible through the Music FMcommunity.com website (the “Community”) where the Music FM Free User will in particular be able to find information regarding the Music FM Free Service and interact with other Music FM Free Users.
As part of the Community, the Music FM Free User will in particular be able to:
- consult and contribute to a forum through posts, reactions and comments;
- post images, links and other content;
- interact with other Music FM Free Users, Music FM’s moderators, and/or Customer Service through comments and/or private messages.
Use of the Community is subject to acceptance of and compliance with its terms and conditions, available here: https://en.Music FMcommunity.com/site/terms.
As part of his/her access to and use of the Music FM Free Service, Music FM also provides the Music FM Free User with a customer support service that can answer any questions the Music FM Free User might have about his/her account and the Services made available by Music FM (the “Customer Service”).
The Music FM Free User will be able to request information about (this list is not exhaustive):
- his/her access to and use of the Services provided by Music FM;
- his/her account and changing his/her account information.
The Music FM Free User can contact Music FM through the Site by clicking on the “Contact us” section or writing to the following address:
Music FM
38 Chesham Pl SW1X 8HW London
United Kingdom
Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe corresponding to the Music FM Free User’s expectations, or that the Music FM Free User will be fully satisfied with the response.
Article 12 – Invalidity of any clause
Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.
Article 13 – Jurisdiction – Claims and disputes
These Terms are governed by the law of the country where the Music FM Free User has his/her habitual residence.
Any claim relating to the application of these Terms must be emailed to Customer Service via the Site by clicking the link http://www.fmmusic.jp/support, or sent by post to Music FM – Customer Service – 38 Chesham Pl SW1X 8HW London – United Kingdom, for prompt processing.
For Music FM Free Users residing in a member state of the European Union, should a claim made by a Music FM Free User not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the Music FM Free User may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: https://webgate.ec.europa.eu/odr/.
In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. If no amicable agreement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms shall be brought before the court of the country where the Music FM Free User has his/her habitual residence.
Terms of Use and Sale for the Music FM Web Service
Article 1 – General
Welcome to the Terms of Use and Sale for the Music FM Web Service, which includes the website accessible at http://www.fmmusic.jp (hereinafter the “Site”), and its desktop, tablet and mobile applications (hereinafter the “Application”).
The Site and Application are created, developed and operated by Music FM S.A. (hereinafter “Music FM”) a United Kingdom corporation listed in the Trade and Companies Register under number 511 716 573, the registered office of which is located at 38 Chesham Pl SW1X 8HW London – United Kingdom.
These conditions of use and sale (hereinafter the “Terms”) govern exclusively the Music FM Web Service provided by Music FM. These conditions apply to the exclusion of any other terms, particularly those that apply to other Services – free or paid – offered on the Site.
The purpose of these Terms is to define the contractual and commercial relationship between Music FM, on the one hand, and any subscriber to the Music FM Web Service (hereinafter the “Subscriber”), on the other hand.
The use of the Site, the Application and the Music FM Web Service is authorised for personal and private use only, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.
Subscription and access to the Music FM Web Service are strictly dependent on prior acceptance of all of these Terms (including the Privacy Policy) without restriction or reservation.
Article 2 – Presentation of the Music FM Web Service
The Music FM Web Service is a service offered and operated by Music FM that makes it possible, subject to consent to these Terms, from a personal computer only, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radio stations and in certain territories, audiobooks) (hereinafter the “Recordings”) in higher quality audio (than is made available through Music FM’s other services, where available) and without any advertisements. As the Music FM Web Service is not accessible via Music FM’s mobile and tablet applications, the Subscriber will only have access to the Music FM Free Service via these applications.
The Music FM Web Service includes personalised music, playlists and other content recommendations.
From the Site, once the Subscriber has signed up, he/she has access to all the features of the Music FM Web Service.
The main characteristics of the Music FM Web Service are as follows:
- Unlimited access to listen to the Recordings on the Music FM Web Service;
- No advertising;
- High quality sound.
The Music FM Web Service is accessible to the Subscriber until the end of his/her subscription as stated on the subscription page of the Site at the time of subscribing or the cancellation of his/her subscription under the Terms hereunder.
Once the subscription has expired or has been cancelled, unlimited access and listening are no longer authorised.
The Recordings can be streamed throughout the entire subscription period, but cannot be downloaded, transferred to or burned onto any medium whatsoever.
Music FM informs the Subscriber that it declines all liability with regard to advertisements displayed within content provided and hosted by third parties and which may be integrated into and/or referred to on the Site.
Article 3 – Use of the Music FM Web Service
The use of the Music FM Web Service requires a high-speed Internet connection. These connections are not provided by Music FM, therefore the Subscriber must first subscribe to a high-speed Internet service in order to use the Music FM Web Service.
The music catalogue available as part of the Music FM Web Service is linked to the contracts in force with the rights-holders and may therefore be subject to change. Music FM cannot guarantee the availability of any given track or album or any artist or group in the Music FM Web Service catalogue. Moreover, Music FM cannot guarantee that any given track, album, artist or group in the Music FM Web Service catalogue will be available indefinitely. Music FM incurs no liability for the withdrawal of any part of the catalogue content made available.
The Subscriber can activate the Music FM Web Service on a personal computer (PC or Mac). The Music FM Web Service is only accessible from one connection at a time. Music FM has the technical means to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections.
Article 4 – Availability and modification of the Music FM Web Service
The Music FM Web Service can be accessed 24 hours a day, seven days a week, within the limit of the Terms and the terms of Article 10 hereunder.
The Recordings made available within the Music FM Web Service are determined based on the country where the Subscriber has subscribed to the Music FM Web Service (his/her country of residence). In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Music FM Web Service from a member state of the European Union will have access to the same content in the same manner when using the Music FM Web Service while temporarily present in another member state, at no additional cost. However, Music FM cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.
Any Subscriber who has subscribed to the Music FM Web Service outside the European Union will also be given access to the same content in the same manner when using the Music FM Web Service while temporarily present in another country, at no additional cost. However, Music FM cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.
Music FM has the right to make any changes or improvements to the Music FM Web Service as it deems necessary. Music FM nevertheless guarantees that it will not affect the quality or substantially change the features of the Music FM Web Service.
In addition, Music FM has the right to temporarily remove access to the Music FM Web Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of service. The Subscriber acknowledges that Music FM cannot be held liable and thus waives any right to compensation and/or action against Music FM in that respect. Notice of temporary interruptions in the Music FM Web Service will be given on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. Music FM is also entitled to shut the Music FM Web Service down permanently with no compensation payable. Notice of the permanent shutdown of the Music FM Web Service will be given via the Site, at least 1 (one) month before it occurs. The Subscriber will no longer be liable for any payment from the date of the Music FM Web Service shutdown.
Article 5 – Absence of the right of withdrawal – period – renewal – cancellation – upgrade to the Music FM Premium Service
5.1 No right of withdrawal (cooling-off period)
The Subscriber expressly recognises and accepts that the supply of the Music FM Web Service starts at the time his/her subscription is confirmed and acknowledges that consequently he/she loses his/her right to withdraw from the subscription. Accordingly, no request for withdrawal, cancellation or refund will be accepted once the subscription is confirmed.
5.2 Period
Music FM offers a monthly subscription (or any other duration depending on the offers made on the Site). Some trial or discovery periods of the Music FM Web Service of a different duration may be offered on the Site, temporarily or not. Unless stated otherwise, these trial and discovery periods will be subject to these Terms and will be limited to one subscription (same IP (Internet Protocol) address and/or same email address) whatever the trial or discovery offer.
5.3 Renewal
Unless cancelled by the Subscriber pursuant to Article 5.4, and unless the Subscriber uses a non-recurring payment method, the subscription to the Service renews automatically for exactly the same duration as the initial period. Therefore, if the Subscriber takes out a monthly subscription, such subscription will be renewed automatically each month.
Unless stated otherwise on the Site or in the Terms, and unless the subscription is cancelled by the Subscriber pursuant to Article 5.4, any trial or discovery offer is automatically converted into a monthly subscription at the price stated in the offer or, otherwise, at the price applicable to the monthly subscription to the Music FM Web Service.
5.4 Cancellation
Where a subscription is taken out directly from the Site, in order to cancel his/her subscription the Subscriber must go to his/her account and click “Cancel my subscription”. Cancellation will be effective at the end of the current subscription period, if made at least 48 (forty-eight) hours before the end of the period. For a trial or discovery period, cancellation occurs at the date and time of cancellation as indicated in the Subscriber’s account, unless stated otherwise on the Site.
If the subscription was taken out via a third-party website (such as iTunes for example), the Subscriber must first check the cancellation conditions for his/her subscription in the “My account” section of the Site, then follow the instructions to cancel the subscription. The Subscriber should be aware that conditions (how to cancel, within what timeframe, etc.) may vary from one third-party platform to another.
5.5 Upgrade to the Music FM Premium Service
If the Subscriber switches from the Music FM Web Service to the Music FM Premium Service, the upgrade will take effect immediately as authorised by Music FM. Henceforth, Music FM will immediately charge the Subscriber for the newly activated Music FM Premium Service subscription, regardless of whether the subscription period for the Music FM Web Service has come to an end, meaning that if the Subscriber is upgrading to the Music FM Premium Service during the Music FM Web Service subscription period, Music FM will charge the Subscriber for both Services until the Subscriber cancels his/her subscription to the Music FM Web Service.
There will be no refund of the price paid for the Music FM Premium Service subscription due to the upgrade.
Article 6 – Terms of access to the Music FM Web Service
The Subscriber declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).
The Subscriber declares that he/she is a resident in a country where the Music FM Web Service is available and that he/she is the owner of a credit card issued by a bank in the same country.
Article 7 – Creation of an account
In order to subscribe to the Music FM Web Service, every Subscriber must:
- Create an account on the Site or, if the Subscriber is already registered, log into the Site;
- Provide the information requested on the subscription form;
- Give his/her consent to the Terms;
- Pay the price for his/her subscription via one of the payment systems offered;
- Confirm his/her subscription.
The Subscriber agrees to provide true, accurate and genuine information about himself/herself in connection with his/her registration with the Site and the Music FM Web Service.
Once his/her registration has been approved, Music FM will send the Subscriber a confirmation email to the email address given at the time of registration.
Subject to the other conditions of the Terms, subscription to the Music FM Web Service will become effective only once Music FM sends the aforementioned confirmation email. Music FM recommends that the Subscriber saves and/or prints out this email.
The Subscriber can change the password given on his/her account at any time by clicking the “My information” section.
The Subscriber agrees to inform Music FM, without delay, of any change or update to the information provided at the time of subscribing to the Music FM Web Service and any change in his/her email address or bank details in particular. The Subscriber can change any of his/her information at any time on his/her account on the Site by clicking the “My information” section.
The Subscriber must immediately inform Music FM of any loss or unauthorised use of his/her account, identification details or password. The passwords and identification details are personal and the Subscriber undertakes not to disclose them. As a result, the Subscriber is solely responsible for their use.
The Subscriber is solely liable for the consequences arising from the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber’s account due to the Subscriber’s fault or negligence, and as a result, the Subscriber acknowledges that Music FM and all its partners, co-contracting party(ies) or rights-holders cannot be held liable in this regard.
Article 8 – Price
The subscription price is indicated on the Site and includes all taxes.
Music FM has the right to change the price of all subscription offers from time to time. Music FM will inform each Subscriber by email to the address provided by the Subscriber at the time of subscription to the Music FM Web Service (or as subsequently updated on his/her account) of any price increase at least 15 (fifteen) days before it comes into effect. If the Subscriber does not accept this increase, he/she can cancel his/her subscription pursuant to Article 5.4 above; such cancellation will be come into effect on the next monthly subscription due date. If the Subscription is not cancelled, the new price will apply to the Subscriber from the following monthly subscription payment due date.
Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the price of the Music FM Web Service. The same will apply should a new tax be created, based on the price of the Music FM Web Service and applicable to Music FM. The conditions for cancellation applicable in the event of a change in price of the Music FM Web Service mentioned above will apply under the same conditions in the event of a price change arising from an increase in or the creation of new taxes.
Subscribers are reminded that the connection and communication (Internet) costs relating to the use of the Music FM Web Service are not borne by Music FM and are payable solely by the Subscriber.
Article 9 – Payment of the price
Various payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).
Depending on the subscription period chosen by the Subscriber, the Subscription price is paid either monthly or annually. The first payment will be made at the time of subscription, and thereafter payments will be made at the beginning of each month or year, by direct debit, until the subscription is cancelled, whether cancellation is initiated by the Subscriber or Music FM.
For optimised transaction security, Music FM has chosen the payment systems of various companies with which it has entered into agreements. The guarantees given by Music FM in terms of transaction security are identical to those obtained by Music FM from these payment service providers.
Unless the Subscriber provides evidence to the contrary, the computerised records kept within the computer systems of Music FM and its partners in conditions of reasonable security will be treated as proof of communications, orders, validations and payments that have taken place between the Subscriber and Music FM. This information shall be treated as valid proof between the Subscriber and Music FM unless the Subscriber is able to provide written proof to the contrary.
Article 10 – Subscriber liability
i) Each Subscriber can post messages, information and/or comments on the Site and the desktop Application. The Subscriber is solely liable for any messages, content or information published by him/her on the Site or desktop Application; Music FM is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Users on the Site or desktop Application, over which Music FM has no control or supervision.
To avoid being held liable, the Subscriber expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):
- Does not infringe third party intellectual property rights; the Subscriber therefore agrees not to publish content on the Site or desktop Application that is protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of said rights;
- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application’s features;
- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;
- Does not infringe any right to privacy or promote disrespect for human dignity;
- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;
- Does not harass other Users;
- Does not promote or encourage any criminal activity or enterprise;
- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;
- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;
- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site;
- Contains no addresses or Internet links transferring to an external website the content of which violates any applicable law and/or regulation, infringes third party rights or is in breach of the Terms.
ii) The Subscriber agrees not to use any automated system such as scripts for the purpose of adding Users to his/her User account and/or sending comments or messages.
iii) If the Subscriber breaches any law or infringes any third-party rights, Music FM has the right to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities and police forces).
Article 11 – Disclaimer of warranties
The Subscriber declares that he has been informed of the scope and limitations of the Internet network.
As a result, Music FM disclaims all liability for any malfunction in access to the Music FM Web Service, the speed at which the pages of the Site open and can be read, the listening speed of the tracks, the temporary or permanent inaccessibility of the Music FM Web Service, and the fraudulent use by third parties of the information provided on the Site.
It is therefore the Subscriber’s duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which Music FM can never be held liable. Music FM can never be held liable for any malfunction of or damage caused to the Subscriber’s equipment.
More broadly, Music FM disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.
Music FM disclaims all liability should it transpire that the Music FM Web Service is incompatible with certain equipment and/or features of the Subscriber’s equipment.
Finally, the Subscriber is solely liable for his/her use of the Music FM Web Service and cannot hold Music FM liable for any claim and/or proceedings against him/her in this regard. The Subscriber shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against Music FM by a third party in relation to the Subscriber’s use of the Music FM Web Service.
Article 12 – Intellectual property
The general structure of the Site, the Application, the Music FM Web Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos, as well as the visuals on the packaging) are the exclusive property of Music FM and/or its licensors (notably the record and video producers, the record companies, authors’ rights societies, etc.).
These elements are protected by intellectual property law and other laws, and particularly copyright. The Subscriber may only use these elements for the purpose of using the Music FM Web Service, in accordance with the Terms.
Any representation of all or part of the Site, the Application, the Music FM Web Service and/or the elements composing them (as described above), by any means, without the express consent of Music FM, is therefore forbidden and would be treated as an infringement punishable by law.
Any hyperlink to the Site and use of the “framing” technique (a programming technique that makes it possible to divide browser windows into separate frames in order to display the content of an external website) or the “in-line linking” technique (programming to make one element extracted from another site disappear into a web page, which saves storage space on the hard drive on which the Site is hosted and makes it possible to hide the initial content of which the element is part from an uninformed user) is strictly prohibited. Any unfair use of a Music FM account (such use for instance aiming to artificially or abnormally increase the number of times certain specific music tracks are played), by any automated processes such as robots and scripts or any other means, is strictly prohibited.
The Recordings made available on the Music FM Web Service are digital files protected by national and international copyright and related rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Subscriber liable to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer whether permanently or temporarily onto the hard drive of a computer or any other device (music players in particular), any ripping or burning or attempt to rip or burn any file or files onto a CD or any other medium is expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.
The Subscriber acknowledges that the Recordings made available to him/her within the Site and Application are protected by protective technical measures set up by Music FM in order to prevent or limit, depending on the technology offered, the unauthorised use of the Recordings.
The Subscriber agrees not to bypass these protective technical measures by any means, for the purpose of downloading these files and enabling them to be stored on his/her reception terminal regardless of what that is (computer, mobile phone, music player or other portable music disc player, etc.).
Article 13 – Suspension and/or cancellation initiated by Music FM or the Subscriber
Without prejudice to any damages that Music FM may claim, Music FM has the right to suspend access to the Music FM Web Service by a Subscriber and/or cancel his/her subscription to the Music FM Web Service without notice or compensation, in the event that the Subscriber:
- Does not comply with the Terms and especially:
- Fails to give due regard to the intellectual property rights of Music FM or its licensors;
- Bypasses or attempts to bypass the protective technical measures put in place by Music FM;
- Uses or attempts to use multiple simultaneous connections to the same account;
- Provides false information at the time of his/her subscription to the Music FM Web Service or subsequently.
- Fails to pay the subscription price in full or in part.
- Carries on activities prejudicial to Music FM’s commercial interests.
The Subscriber will be able to cancel his/her contract or subscription, without notice or compensation in favour of Music FM, if Music FM is in breach of its substantive obligations as defined in the Terms, or for legitimate reasons such as, in particular, his/her computer being stolen or on grounds of technical incompatibility of the Music FM Web Service with the Subscriber’s equipment.
Article 14 – Amendments of the Terms
Music FM has the right to amend the Terms at its sole discretion. Music FM will inform the Subscriber by email to the email address given on the Subscriber’s account, of any amendments of the Terms at least 1 (one) month before they come into effect. If the Subscriber does not accept these amendments, he/she will be free to cancel his/her subscription from his/her account on the Site as set forth in Article 5.4 above, such cancellation becoming effective on the next monthly subscription due date. If the Subscriber does not cancel his/her subscription, the amended Terms will come into effect 1 (one) month following receipt of notification of the amendment of the Terms.
Article 15 – Community and Customer Service
As part of his/her access to and use of the Music FM Web Service, Music FM provides the Subscriber with a community, accessible through the Music FMcommunity.com website (the “Community”) where the Subscriber will in particular be able to find information regarding the Music FM Web Service and interact with other Subscribers.
As part of the Community, the Subscriber will in particular be able to:
- consult and contribute to a forum through posts, reactions and comments;
- post images, links and other content;
- interact with other Subscribers, Music FM’s moderators, and/or Customer Service through comments and/or private messages.
Use of the Community is subject to acceptance of and compliance with its terms and conditions, available here: https://en.Music FMcommunity.com/site/terms.
As part of his/her access to and use of the Music FM Web Service, Music FM also provides the Subscriber with a customer support service that can answer any questions the Subscriber might have about his/her account and the Services made available by Music FM (the “Customer Service”).
The Subscriber will be able to request information about (this list is not exhaustive):
- his/her access to and use of the Services provided by Music FM;
- his/her account and changing his/her account information;
- his/her subscriptions and payments.
The Subscriber can contact Music FM through the Site by clicking on the “Contact us” section or writing to the following address:
Music FM
38 Chesham Pl SW1X 8HW London
United Kingdom
Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe corresponding to the Subscriber’s expectations, or that the Subscriber will be fully satisfied with the response.
Article 16 – Invalidity of any clause
Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.
Article 17 – Jurisdiction – Claims and disputes
These Terms are governed by the law of the country where the Subscriber has his/her habitual residence.
Any claim relating to the application of these Terms of Use must be emailed to Customer Service via the Site by clicking the link http://www.fmmusic.jp/support, or sent by post to Music FM – Customer Service – 38 Chesham Pl SW1X 8HW London – United Kingdom, for prompt processing.
For Subscribers residing in a member state of the European Union, should a claim made by a Subscriber not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the Subscriber may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: https://webgate.ec.europa.eu/odr/.
In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. If no amicable agreement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms shall be brought before the court of the country where the Subscriber has his/her habitual residence.
Terms of Use and Sale for the Music FM HiFi Service
Article 1 – General
Welcome to the Terms of Use and Sale for the Music FM HiFi Service, which includes the website accessible at http://www.fmmusic.jp (hereinafter the “Site”), and its desktop, tablet and mobile applications (hereinafter the “Application”). The Site and Application are created, developed and operated by Music FM S.A. (hereinafter “Music FM”) a United Kingdom corporation listed in the Trade and Companies Register under number 511 716 573, the registered office of which is located at 24 rue de Calais SW1X 8HW London – United Kingdom.
These conditions of use and sale (hereinafter the “Terms”) alone govern the Music FM HiFi Service provided by Music FM. These conditions apply to the exclusion of any other terms, particularly those that apply to other Services – free or paid – offered on the Site or the Application.
The purpose of these Terms is to define the contractual and commercial relationship between Music FM, on the one hand, and any subscriber to the Music FM HiFi Service (hereinafter the “Subscriber”), on the other hand.
The use of the Site and of the Music FM HiFi Service is authorised for personal and private use only; any other use, particularly in public premises and for businesses, is therefore strictly forbidden.
Subscription and access to the Music FM HiFi Service are strictly dependent on prior acceptance of all of these Terms (including the Privacy Policy) without restriction or reservation.
Article 2 – Presentation of the Music FM HiFi Service
The Music FM HiFi Service is a service offered and operated by Music FM that makes it possible, subject to consent to these Terms, to listen to unlimited sound recordings and other musical and cultural content (such as podcasts, radio stations and in certain territories, audiobooks) (hereinafter the “Recordings”) in higher quality audio (than is made available through Music FM’s other services, where available) and without any advertisements, on multiple devices and in “Offline Mode” as described hereunder.
The Music FM HiFi Service includes personalised music, playlists and other content recommendations.
Once the Subscriber has signed up, he/she has access to all features of the Music FM HiFi Service from the Site or the Application.
The main characteristics of the Music FM HiFi Service are as follows:
- Unlimited access, for the purpose of temporary downloading on three authorised devices (non-portable or portable devices) of Recordings included in the Music FM HiFi Service music catalogue, in order to listen to them later when off-line;
- No advertising;
- The majority of the music tracks available are in the following format: FLAC audio bitstream data (CD quality, 16 bits, stereo, 44.1 kHz).
The Music FM HiFi Service can only be used on certain compatible devices. A list of these devices can be found here.
The Music FM HiFi Service is accessible to the Subscriber until the end of his/her subscription as stated on the subscription page of the Site at the time of subscribing or the cancellation of his/her subscription under the Terms hereunder.
The Music FM HiFi Service is accessible from a personal computer (PC or Mac) by connecting to the Site or desktop application or from a portable device through the Application, which needs to be downloaded by the Subscriber. The Music FM HiFi Service is also accessible without an Internet connection, by clicking the “Offline Mode” button of the Application.
By using the Offline Mode, the Subscriber can only access the Recordings and playlists that he/she has previously temporarily downloaded, from the Application, onto his/her device (non-portable or portable).
Recordings or playlists can be temporarily downloaded through the Offline Mode button that appears on the pages of the Application. The downloaded tracks can then be listened to with no Internet connection or 3G/4G mobile technology, for the whole Subscription period, but cannot however be transferred to or burned onto any medium whatsoever.
Music FM informs the Subscriber that it declines all liability with regard to advertisements displayed within content provided and hosted by third parties and which may be integrated into and/or referred to on the Site or the Application.
Article 3 – Use of the Music FM HiFi Service
The use of the Music FM HiFi Service requires a high-speed Internet connection and an Internet service for portable devices. These connections are not provided by Music FM; the Subscriber must therefore first register with a high-speed Internet and/or mobile Internet offer in order to use the Service.
A mobile Internet connection via third or fourth generation (3G or 4G) mobile technology is highly recommended.
The music catalogue available as part of the Music FM HiFi Service is linked to the contracts in force with the rights-holders and may therefore be subject to change. Music FM cannot guarantee the availability of any given track or album or any artist or group in the Music FM HiFi Service catalogue. Moreover, Music FM cannot guarantee that any given track, album, artist or group in the Music FM HiFi Service catalogue will be available indefinitely. Music FM incurs no liability for the withdrawal of any part of the catalogue content made available.
As a Subscriber, you can activate the Music FM HiFi Service on a personal computer (PC or Mac) and a compatible portable device registered with the Music FM HiFi Service. The Music FM HiFi Service is only accessible from one connection at a time (registered personal computer or compatible portable device). Music FM has the technical means to verify multiple simultaneous connections from the same account and is therefore able to detect any attempts at multiple connections.
Article 4 – Availability and modification of the Music FM HiFi Service
The Music FM HiFi Service can be accessed 24 hours a day, seven days a week, within the limit of the Terms and the terms of Article 10 hereunder.
The Recordings made available within the Music FM HiFi Service are determined based on the country where the Subscriber has subscribed to the Music FM HiFi Service (his/her country of residence). In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the Music FM HiFi Service from a member state of the European Union will have access to the same content in the same manner when using the Music FM HiFi Service while temporarily present in another member state, at no additional cost. However, Music FM cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.
Any Subscriber who has subscribed to the Music FM HiFi Service outside the European Union will also be given access to the same content in the same manner when using the Music FM HiFi Service while temporarily present in another country, at no additional cost. However, Music FM cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.
Music FM has the right to make any changes or improvements to the Music FM HiFi Service as it deems necessary. Music FM nevertheless guarantees that it will not affect the quality or substantially change the features of the Music FM HiFi Service.
In addition, Music FM has the right to temporarily remove access to the Music FM HiFi Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of service. The Subscriber acknowledges that Music FM cannot be held liable and thus waives any right to compensation and/or action against Music FM in that respect. Notice of temporary interruptions in the Music FM HiFi Service will be given on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. Music FM is also entitled to shut the Service down permanently with no compensation payable. Notice of the permanent shutdown of the Music FM HiFi Service will be given via the Site or Application, at least 1 (one) month before it occurs. The Subscriber will no longer be liable for any payment from the date of the Music FM HiFi Service shutdown.
Article 5 – Absence of the right of withdrawal – period – renewal – cancellation – upgrade to the Music FM HiFi Service
5.1 No right of withdrawal (cooling-off period)
The Subscriber expressly recognises and accepts that the supply of the Music FM HiFi Service starts at the time his/her subscription is confirmed and acknowledges that consequently he/she loses his/her right to withdraw from the subscription. Accordingly, no request for withdrawal, cancellation or refund will be accepted once the subscription is confirmed.
5.2 Period – Trials and discovery offers
Music FM offers a monthly subscription (or any other period depending on the offers made on the Site or the Application).
Some trial or discovery periods of the Music FM HiFi Service of a different duration may be offered on the Site or the Application, temporarily or otherwise. Unless stated otherwise, these trial and discovery periods will be subject to these Terms and will be limited to one subscription (same IP (Internet Protocol) address and/or same email address) whatever the trial or discovery offer.
5.3 Renewal
Unless cancelled by the Subscriber pursuant to Article 5.4, and unless the Subscriber uses a non-recurring payment method, the subscription to the Service renews automatically for exactly the same duration as the initial period. Therefore, if the Subscriber takes out a monthly subscription, such subscription will be renewed automatically each month.
Certain trial or discovery offers are subject to the provision of credit card details. Unless stated otherwise on the Site or Application or in the Terms, and unless the subscription is cancelled by the Subscriber pursuant to Article 5.4, any trial or discovery offer is automatically converted into a monthly subscription at the price stated in the offer or, otherwise, at the price applicable to the monthly subscription to the Music FM HiFi Service.
5.4 Cancellation
Where a subscription is taken out directly from the Site or Application, in order to cancel his/her subscription the Subscriber must go to his/her account and click “Cancel my subscription”. Cancellation will be effective at the end of the current subscription period, if made at least 48 (forty-eight) hours before the end of the period. For a trial or discovery period, cancellation occurs at the date and time of cancellation as indicated in the Subscriber’s account, unless stated otherwise on the Site.
If the subscription was taken out via a third-party website (such as iTunes for example), the Subscriber must first check the cancellation conditions for his/her subscription in the “My account” section of the Site, then follow the instructions to cancel the subscription. The Subscriber should be aware that conditions (how to cancel, within what timeframe, etc.) may vary from one third-party platform to another.
5.5 Upgrade to the Music FM HiFi Service
If the Subscriber switches from the Music FM Web Service or the Music FM Premium Service to the Music FM HiFi Service, the upgrade will take effect immediately as authorised by Music FM. Henceforth, Music FM will immediately charge the Subscriber for the newly activated Music FM HiFi Service subscription, regardless of whether the subscription period for the Music FM Web Service or the Music FM Premium Service has come to an end, meaning that if the Subscriber is upgrading to the Music FM HiFi Service during the Music FM Web Service or Music FM Premium Service subscription period, Music FM will charge the Subscriber for both Services until the Subscriber cancels his/her subscription to the Music FM Web Service or the Music FM Premium Service.
There will be no refund of the price paid for the Music FM Web or Music FM Premium Service subscription due to the upgrade.
Article 6 – Terms of access to the Music FM HiFi Service
The Subscriber declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).
The Subscriber declares that he/she is a resident in a country where the Music FM HiFi Service is available and that he/she is the owner of a credit card issued by a bank in the same country.
Article 7 – Creation of an account
In order to subscribe to the Music FM HiFi Service, every Subscriber must:
- Create an account on the Site or download and create an account on the Application or, if the Subscriber is already registered, log in to the Site or Application;
- Provide the information requested on the subscription form;
- Give his/her consent to the Terms;
- Pay the price for his/her subscription via one of the payment systems offered;
- Confirm his/her subscription.
The Subscriber agrees to provide true, accurate and genuine information about himself/herself in connection with his/her registration with the Site, the Application and the Music FM HiFi Service.
Once his/her registration has been approved, Music FM will send the Subscriber a confirmation email to the email address given at the time of registration.
Subject to the other conditions of the Terms, subscription to the Music FM HiFi Service will become effective only once Music FM sends the aforementioned confirmation email. Music FM recommends that the Subscriber saves and/or prints out this email.
The Subscriber can change the password given on his/her account at any time by clicking the “My information” section.
The Subscriber agrees to inform Music FM, without delay, of any change or update to the information provided at the time of subscribing to the Music FM HiFi Service and any change in his/her email address or bank details in particular. The Subscriber can change any of his/her information at any time on his/her account on the Site by clicking the “My information” section.
The Subscriber must immediately inform Music FM of any loss or unauthorised use of his/her account, identification details or password. The passwords and identification details are personal and the Subscriber undertakes not to disclose them. As a result, the Subscriber is solely responsible for their use.
The Subscriber is solely liable for the consequences arising from the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber’s account due to the Subscriber’s fault or negligence, and as a result, the Subscriber acknowledges that Music FM and all its partners, co-contracting party(ies) or rights-holders cannot be held liable in this regard.
Article 8 – Price
The subscription price is stated on the Site or in the Application and is inclusive of all taxes.
Music FM has the right to change the price of all subscription offers from time to time. Music FM will inform each Subscriber by email to the address provided by the Subscriber at the time of subscription to the Music FM HiFi Service (or as subsequently updated on his/her account) of any price increase at least 15 (fifteen) days before it comes into effect. If the Subscriber does not accept this increase, he/she can cancel his/her subscription pursuant to Article 5.4 above; such cancellation will be come into effect on the next monthly subscription due date. If the Subscription is not cancelled, the new price will apply to the Subscriber from the following monthly subscription payment due date.
Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the price of the Music FM HiFi Service. The same will apply in the event of any new tax based on the price of the Music FM HiFi Service and applicable to Music FM. The conditions for cancellation applicable in the event of a change in price of the Music FM HiFi Service mentioned above will apply under the same conditions in the event of a price change arising from an increase in or the creation of new taxes.
Subscribers are reminded that the connection and communication (Internet) costs relating to the use of the Music FM HiFi Service are not borne by Music FM and are payable solely by the Subscriber.
Article 9 – Payment of the price
Various payment methods are offered on the Site (credit cards, prepaid cards, PayPal and/or other payment methods).
Depending on the subscription period chosen by the Subscriber, the Subscription price is paid either monthly or annually. The first payment will be made at the time of subscription, and thereafter payments will be made at the beginning of each month or year, by direct debit, until the subscription is cancelled, whether cancellation is initiated by the Subscriber or Music FM.
For optimised transaction security, Music FM has chosen the payment systems of various companies with which it has entered into agreements. The guarantees given by Music FM in terms of transaction security are identical to those obtained by Music FM from these payment service providers.
Unless the Subscriber provides evidence to the contrary, the computerised records kept within the computer systems of Music FM and its partners in conditions of reasonable security will be treated as proof of communications, orders, validations and payments that have taken place between the Subscriber and Music FM. This information shall be treated as valid proof between the Subscriber and Music FM unless the Subscriber is able to provide written proof to the contrary.
Article 10 – Subscriber liability
i) Each Subscriber can post messages, information and/or comments on the Site and the desktop Application. The Subscriber is solely liable for any messages, content or information published by him/her on the Site or desktop Application; Music FM is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Users on the Site or desktop Application, over which Music FM has no control or supervision.
To avoid being held liable, the Subscriber expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):
- Does not infringe third party intellectual property rights; the Subscriber therefore agrees not to publish content on the Site or desktop Application that is protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of said rights;
- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application’s features;
- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;
- Does not infringe any right to privacy or promote disrespect for human dignity;
- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;
- Does not harass other Users;
- Does not promote or encourage any criminal activity or enterprise;
- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;
- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;
- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site or the Application;
- Contains no addresses or Internet links transferring to an external website the content of which violates any applicable law and/or regulation, infringes third party rights or is in breach of the Terms.
ii) The Subscriber agrees not to use any automated system such as scripts for the purpose of adding Users to his/her User account and/or sending comments or messages.
iii) If the Subscriber breaches any law or infringes any third-party rights, Music FM has the right to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities and police forces).
Article 11 – Disclaimer of warranties
The Subscriber declares that he has been informed of the scope and limitations of the Internet network.
As a result, Music FM disclaims all liability for any malfunction in access to the Music FM HiFi Service, the speed at which the pages of the Site or Application open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the Music FM HiFi Service, and the fraudulent use by third parties of the information provided on the Site or Application.
It is therefore the Subscriber’s duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which Music FM can never be held liable. Music FM can never be held liable for any malfunction of or damage caused to the Subscriber’s equipment.
More broadly, Music FM disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.
Music FM disclaims all liability should it transpire that the Music FM HiFi Service is incompatible with certain equipment and/or features of the Subscriber’s equipment.
Finally, the Subscriber is solely liable for his/her use of the Service and cannot hold Music FM liable for any claim and/or proceedings against him/her in this regard. The Subscriber shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against Music FM by a third party in relation to the Subscriber’s use of the Music FM HiFi Service.
Article 12 – Intellectual property
The general structure of the Site, the Application, the Music FM HiFi Service and all elements composing it (such as but not limited to the logos, domain names, tracks or videos, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos, as well as the visuals on the packaging) are the exclusive property of Music FM and/or its licensors (notably the record and video producers, the record companies, authors’ rights societies, etc.).
These elements are protected by intellectual property law and other laws, and particularly copyright. The Subscriber may only use these elements for the purpose of using the Music FM HiFi Service, in accordance with the Terms.
Any representation of all or part of the Site, the Application, the Music FM HiFi Service and/or the elements composing them (as described above), by any means, without the express consent of Music FM, is therefore forbidden and would be treated as an infringement punishable by law.
Any hyperlink to the Site and use of the “framing” technique (a programming technique that makes it possible to divide browser windows into separate frames in order to display the content of an external website) or the “in-line linking” technique (programming to make one element extracted from another site disappear into a web page, which saves storage space on the hard drive on which the Site is hosted and makes it possible to hide the initial content of which the element is part from an uninformed user) is strictly prohibited. Any unfair use of a Music FM account (such use for instance aiming to artificially or abnormally increase the number of times certain specific music tracks are played), by any automated processes such as robots and scripts or any other means, is strictly prohibited.
The Recordings made available on the Music FM HiFi Service are digital files protected by national and international copyright and related rights. They may only therefore be listened to within a private or family setting. Any use for a non-private purpose will render the Subscriber liable to civil and/or criminal proceedings. Any other use of the Recordings is strictly forbidden and more particularly any download or attempt to download, any transfer or attempt to transfer whether permanently or temporarily onto the hard drive of a computer or any other device (music players in particular), any ripping or burning or attempt to rip or burn any file or files onto a CD or any other medium is expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.
The Subscriber acknowledges that the Recordings made available to him/her within the Site and Application are protected by protective technical measures set up by Music FM in order to prevent or limit, depending on the technology offered, the unauthorised use of the Recordings.
The Subscriber agrees not to bypass these protective technical measures by any means, for the purpose of downloading these files and enabling them to be stored on his/her reception terminal regardless of what that is (computer, mobile phone, music player or other portable music disc player, etc.).
Article 13 – Suspension and/or cancellation initiated by Music FM or the Subscriber
Without prejudice to any damages that Music FM may claim, Music FM has the right to suspend access to the Music FM HiFi Service by a Subscriber and/or cancel his/her subscription to the Music FM HiFi Service without notice or compensation, in the event that the Subscriber:
- Does not comply with the Terms and especially:
- Fails to give due regard to the intellectual property rights of Music FM or its licensors;
- Bypasses or attempts to bypass the protective technical measures put in place by Music FM;
- Uses or attempts to use multiple simultaneous connections to the same account;
- Provides false information at the time of his/her subscription to the Music FM HiFi Service or subsequently.
- Fails to pay the subscription price in full or in part.
- Carries on activities prejudicial to Music FM’s commercial interests.
The Subscriber will be able to cancel his/her contract or subscription, without notice or compensation in favour of Music FM, if Music FM is in breach of its substantive obligations as defined in the Terms, or for legitimate reasons such as, in particular, his/her computer being stolen or on grounds of technical incompatibility of the Music FM HiFi Service with the Subscriber’s equipment.
Article 14 – Amendments of the Terms
Music FM has the right to amend the Terms at its sole discretion. Music FM will inform the Subscriber by email to the email address given on the Subscriber’s account, of any amendments of the Terms at least 1 (one) month before they come into effect. If the Subscriber does not accept these amendments, he/she will be free to cancel his/her subscription from his/her account on the Site as set forth in Article 5.4 above, such cancellation becoming effective on the next monthly subscription due date. If the Subscriber does not cancel his/her subscription, the amended Terms will come into effect 1 (one) month following receipt of notification of the amendment of the Terms.
Article 15 – Community and Customer Service
As part of his/her access to and use of the Music FM HiFi Service, Music FM provides the Subscriber with a community, accessible through the Music FMcommunity.com website (the “Community”) where the Subscriber will in particular be able to find information regarding the Music FM HiFi Service and interact with other Subscribers.
As part of the Community, the Subscriber will in particular be able to:
- consult and contribute to a forum through posts, reactions and comments;
- post images, links and other content;
- interact with other Subscribers, Music FM’s moderators, and/or Customer Service through comments and/or private messages.
Use of the Community is subject to acceptance of and compliance with its terms and conditions, available here: https://en.Music FMcommunity.com/site/terms.
As part of his/her access to and use of the Music FM HiFi Service, Music FM also provides the Subscriber with a customer support service that can answer any questions the Subscriber might have about his/her account and the Services made available by Music FM (the “Customer Service”).
The Subscriber will be able to request information about (this list is not exhaustive):
- his/her access to and use of the Services provided by Music FM;
- his/her account and changing his/her account information;
- his/her subscriptions and payments.
The Subscriber can contact Music FM through the Site by clicking on the “Contact us” section or writing to the following address:
Music FM
38 Chesham Pl SW1X 8HW London
United Kingdom
Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe corresponding to the Subscriber’s expectations, or that the Subscriber will be fully satisfied with the response.
Article 16 – Invalidity of any clause
Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.
Article 17 – Jurisdiction – Claims and disputes
These Terms are governed by the law of the country where the Subscriber has his/her habitual residence.
Any claim relating to the application of these Terms of Use must be emailed to Customer Service via the Site by clicking the link http://www.fmmusic.jp/support, or sent by post to Music FM – Customer Service – 38 Chesham Pl SW1X 8HW London – United Kingdom, for prompt processing.
For Subscribers residing in a member state of the European Union, should a claim made by a Subscriber not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the Subscriber may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: https://webgate.ec.europa.eu/odr/.
In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. If no amicable agreement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms shall be brought before the court of the country where the Subscriber has his/her habitual residence.
Terms of Use of the Radio by Music FM Service
Article 1 – General
Welcome to the Terms of Use of the Radio by Music FM Service, a software application for tablets, mobiles, set-top boxes and other consumer electronic devices, offering access to radio stations.
The Radio by Music FM Service is created, developed and operated by Music FM S.A. (hereinafter “Music FM”) a United Kingdom corporation listed in the Trade and Companies Register as number 511 716 573, the registered office of which is located at 38 Chesham Pl SW1X 8HW London – United Kingdom.
To access and use the Radio by Music FM Service, the User must (i) be at least 16 years old and (ii) accept without any reserve, at the time of download and installation of the Radio by Music FM Service, the conditions of use including the Privacy Policy included in these Terms of Use (hereinafter the “Terms”).
The use of the Application is only authorised for personal and private use, therefore any other use, particularly in public premises and for businesses, is strictly prohibited.
Article 2 – Description of the Radio by Music FM Service
The Radio by Music FM Service is a no-login software application offering access to radio stations (hereinafter the “Radio Content”) for the purposes of unlimited live radio streaming on portable devices (the “Radio by Music FM Service” or “Service”) to each User for his/her personal and private use (hereinafter the “User”). The User has the ability to create a Music FM account and/or log in to his/her existing Music FM account via the Radio by Music FM Service (hereinafter the “Registered User”) to access certain features only available to Registered Users.
Article 3 – Access and use of the Radio by Music FM Service
The use of the Radio by Music FM Service requires an Internet service for portable devices. Such connections are not provided by Music FM, therefore the User must first subscribe to a broadband Internet service in order to use the Radio by Music FM Service. The User is solely responsible for checking with his/her mobile provider to determine if the Service is available or if any restrictions or costs are applicable to his/her use of the Service.
A mobile Internet connection via third or fourth generation (3G or 4G) mobile technology is highly recommended.
Article 4 – Availability and modification of the Radio by Music FM Service
Music FM has sole discretion from time to time to change, add, or remove features, content and functionality made available through the Radio by Music FM Service without prior notice or compensation.
In addition, Music FM reserves the right, without prior notice or compensation, at any time and at its sole discretion to temporarily discontinue access to the Radio by Music FM Service or any part thereof. Music FM is also entitled to shut the Service down permanently with no compensation payable. Notice of any permanent shutdown of the Radio by Music FM Service will be given via the Application.
The radio stations available as part of the Radio by Music FM Service are linked to the availability of the Radio Content on their respective platforms and may therefore change. Music FM cannot guarantee the availability of any given radio stations in the Radio by Music FM Service.
Moreover, Music FM cannot guarantee that any given track, album, artist or group in the Radio by Music FM Service will be available indefinitely. Music FM assumes no liability for the withdrawal of any part of the Radio Content made available.
Article 5 – User liability
i) The User agrees not to use any automated system such as scripts for the purpose of adding Users to his/her User account.
ii) The User recognises that if his/her use of the Application is in breach of the Terms and more broadly any third-party rights, laws and regulations in force, Music FM has the right immediately to suspend or remove him/her from the Radio by Music FM Service and/or block his/her access to the Radio by Music FM Service without notice.
iii) Should the User be in breach of the legislation or infringe any third parties’ rights, Music FM would be within its rights to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities, and police forces).
Article 6 – Disclaimer of warranties
The User declares that he/she has been informed of the scope and limitations of the Internet network.
As a result, Music FM disclaims all liability for any malfunction in access to the Radio by Music FM Service, the speed at which the pages of the Application open and can be read, the listening speed of the Radio Content, the temporary or permanent inaccessibility of the Radio by Music FM Service, and the fraudulent use by third parties of the information provided on the Radio by Music FM Service.
It is therefore the User’s duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which Music FM may never be held liable. Music FM may never be held liable for any malfunction of or damage caused to the User’s equipment.
More broadly, Music FM disclaims any liability if a breach of any of its obligations results from acts of nature, forces, or causes beyond its reasonable control, including but not limited to Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.
Music FM disclaims all liability in the event of the Service proving incompatible with certain items of equipment and/or features of the User’s equipment.
Finally, the User is solely liable for his/her use of the Service and may not hold Music FM liable for any claim and/or proceedings against him/her in this regard. The User shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against Music FM by a third party in relation to the User’s use of the Radio by Music FM Service in breach of the present Terms.
Article 7 – Intellectual property
The general structure of the Radio by Music FM Service and elements composing it such as but not limited to the logos, domain names, the photos, images, texts are the exclusive property of Music FM and/or third-party providers (hereinafter the “Third Parties”), in particular, the Radio Content and its associated elements such as but not limited to the logos, domain names, audio and their associated elements such as the photos, images, texts (hereinafter the “Third-Party Content”) are the exclusive property of Third Parties. These elements are protected by intellectual property law and other laws, particularly copyright. You may only use these elements for the purpose of using the Radio by Music FM Service in accordance with the Terms.
Any representation of the Radio by Music FM Service and/or the elements composing it (as described above) by any means without the express consent of Music FM and/or said Third Parties is therefore prohibited and constitutes an infringement punishable by law.
You may not reproduce, modify, distribute, display, publish, transmit, communicate to the public, make available, broadcast, create derivative works from, publicly perform and otherwise use and exploit (hereinafter, collectively “Use”) any part, element or content of the Radio by Music FM Service.
The Third-Party Content is owned and controlled by third-party transmitting entities and Music FM gives access to the Third-Party Content through the Service by using information location tools such as directory, index, references, pointers and/or hypertext links. Music FM therefore has no control over the Third-Party Content and is not responsible for any part of such content made available by Third Parties.
Article 8 – Suspension and/or cancellation initiated by Music FM or a User
Without prejudice to any damages that Music FM may claim, Music FM has the right to suspend access to the Radio by Music FM Service of a User without notice or compensation, in the event that the User:
- Does not comply with the Terms and especially:
- Infringes Music FM’s or Third Parties’ intellectual property rights;
- Bypasses or attempts to bypass the protective technical measures put in place by Music FM.
- Carries on activities prejudicial to Music FM’s commercial interests.
Article 9 – Amendments of the Terms
Music FM has the right to amend the Terms at its sole discretion (hereinafter the “Updated and Applicable Terms”). To use the Radio by Music FM Service the User will be notified of the Updated and Applicable Terms and must accept them in order to continue using the Radio By Music FM Service. The Updated and Applicable Terms will always be made available and accessible to the User within the Radio by Music FM Service.
Article 10 – Customer Service department
As part of his/her access to and use of the Radio by Music FM Service, Music FM also provides the Registered User with a customer support service that can answer any questions the Registered User might have about his/her account and the Service provided by Music FM (the “Customer Service”).
The Registered User will be able to request information about but not limited to:
- his/her access to and use of the Service provided by Music FM;
- his/her account and changing his/her account information.
The Registered User can contact Music FM through the Site by clicking on the “Contact us” link or by writing to the following address:
Music FM
Customer Service
38 Chesham Pl SW1X 8HW London
United Kingdom
Customer Service will make every effort to respond to such requests within a reasonable timeframe, but can make no guarantees or warranties of any kind that such requests will be handled within a timeframe compatible with the Registered User’s expectations, or that the Registered User will be fully satisfied with the response.
Article 11 – Invalidity of any clause
Should any of the clauses of the Terms be declared void or voidable for any reason, the other clauses will still apply without any modification.
Article 12 – Jurisdiction – Claims and disputes
These Terms are governed by the law of the country where the User has his/her habitual residence.
Any claim relating to the application of these Terms must be emailed to Customer Service via the Site by clicking the link http://www.fmmusic.jp/support, or sent by post to Music FM – Customer Service – 38 Chesham Pl SW1X 8HW London – United Kingdom, for prompt processing.
For Users residing in a member state of the European Union, should a claim made by a User not be resolved by Customer Service or remain without response for more than two (2) months following receipt by Customer Service, the User may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution via the following link: https://webgate.ec.europa.eu/odr/.
In the event of a dispute, the parties will try to reach an amicable agreement before any legal proceedings are commenced. If no amicable agreement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms shall be brought before the court of the country where the User has his/her habitual residence.
Terms of use of Music FM for Developers
The web site http://www.fmmusic.jp (hereinafter the “Site”) is an interactive and social musical website, edited by Music FM.
Music FM SA is a United Kingdom corporation with a share capital of 282,994.59 euros, registered under number 511 716 573, with its principal offices located at 38 Chesham Pl SW1X 8HW London, United Kingdom.
Music FM is hereinafter referred to as “Music FM” for these terms (hereinafter the “Terms”).
I. SERVICES DESCRIPTION
The Site offers the possibility for any developer (hereinafter the “Developer”) to access free of charge the Music FM application programming interface (hereinafter the “Music FM API”) and the Music FM plugins, widgets and exportable player (hereinafter the “Music FM Plugins”) in order to customize his personal site and/or develop personal web pages, blog (hereinafter the “Webpages”) and personal applications (hereinafter “Personal Applications”) providing access to all textual, visual, audio and any other content that may be provided by Music FM from time to time (altogether hereinafter the “Content”).
Access both to the Music FM API and to Music FM Plugins (altogether hereinafter the “Services”) is strictly subordinate to the acceptance without any reserve and the respect of the present Terms by every developer.
The Developer, by accepting this Terms, enters into a legally binding agreement with Music FM to abide by the same.
Music FM has the right to amend these Terms for any reason at any time without any prior notice or liability to the Developer. The latest updated version available at www.fmmusic.jp/developers/ will be binding upon the Developer immediately upon posting.
II. ACCESS TO THE SERVICES
Access to the Music FM API
a) Upon the acceptance of these Terms, the Developer shall be granted a free access to the Music FM API in order to develop Webpages and/or Personal Applications.
Access to the Music FM API shall be provided to the Developer on the Site following the process indicated at the following URL: http://www.fmmusic.jp/developers/simpleapi.
It is specified that, regarding the access to the Music FM API, are full part of this Terms the Trademark Guidelines provided by Music FM at: http://www.fmmusic.jp/developers/simpleapi regarding the use of Music FM’s logos.
Furthermore, beyond the mandatory Trademark Guidelines, Music FM provides Developer, at the same address, with a non-mandatory document, the Graphical Toolkit, which explains how to reproduce Music FM’s visual identity and look and feel.
The Music FM API shall provide access to the following contents: Album, Artist, Comment, Editorial, Playlist, Radio, Search, Track, User, and any other contents displayed by Music FM from time to time.
The Developer recognizes that it shall be granted no right upon the Music FM API, the Personal Application that it shall develop and the Content of the Services.
b) Developer agrees that Music FM may set up technical measures which permit to oversee Developer’s use of the Music FM API and compliance with the Terms.
c) Developer agrees that Music FM has the right at any time for any reason and at its own discretion to modify, restrict or remove Developer access to the Music FM API and to the Site, without any prior notice or liability to the Developer.
Use of the Music FM Plugins
Upon the acceptance of these Terms, the Developer shall be granted a free and unlimited access
to the Music FM Plugins in order to integrate them into Webpages and/or Personal Applications.
Access to the Music FM API shall be provided to the Developer on the Site following the process indicated at the following URL: http://www.fmmusic.jp/developers/musicplugins
The Developer recognizes that it shall be granted no right upon the Music FM Plugins and the Content provided by Music FM, which remains at any time exclusive property of Music FM or its right holders.
Developer agrees that Music FM has the right at any time for any reason and at its own discretion to modify, restrict or remove Developer access to the Music FM Plugins and to the Site, without any prior notice or liability to the Developer.
III. DEVELOPER WARRANTY
Developer warrants and represents to Music FM that he:
1) Provides true and complete information to Music FM when creating a Developer account on the Site.
2) Possesses all rights, licenses or any other authorizations or permissions necessary to develop his Webpage and/or Personal Applications.
3) Will not modify, edit, disassemble, decompile or reverse-engineer the Music FM API or any part of the Services.
4) Will comply with all local and international laws and regulations, including, all applicable intellectual property and data protection laws, especially by implementing standards of privacy and confidentiality when using any part of the Music FM Services.
5) Will ensure that his Webpage and/or Personal Applications in which the Services are used abide by public order and good manners (i.e. is not defamatory, obscene, injurious, ateful, discriminatory or sexual explicit), and more broadly do not infringe effective laws and regulations.
6) Will not use the Services in any way or on any website that is associated or promotes in whatever manner the illegal or unauthorized use, streaming, download, or sharing of music and associated elements content, including but not limited to the Content provided by Music FM.
7) Will indemnify, and keep Music FM, its affiliates, licensees, assigns, successors, customers, users, all third-party advertisers, right-holders, technology providers and service providers, and each of their respective employees, directors and representatives, fully and effectively indemnified from and against any and all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all reasonable professional costs and expenses), suffered or incurred by one of the persons listed above arising out of or in connection with any claims, actions or proceedings which arise out of or are related to: (i) the Developer’s access, retrieval and use of the Services; (ii) any breach by Developer of the warranties contained in this Section III; and (iii) violation by Developer of any provision of the Terms.
IV. NON-COMMERCIAL USE
The Developer agrees that the use of the Services is strictly limited for a non-commercial purpose and in a non-commercial environment.
It means that the Developer shall not perceive, receive, generate, benefit or create directly or indirectly, any moneys, incomes, revenues, data or any other consideration in connection with the use of neither the Services themselves, nor any and all Content accessed through the Services.
Furthermore, It means both the Services and the Content accessed through the Services, shall not be associated, directly or indirectly with any trademark, brand name, or logo.
The Developer acknowledges that only users registered with a Music FM Premium account on the Site can access and listen to the full length recordings through the Webpages and/or Personal Applications developed by the Developer, which are otherwise accessible only up to 30 seconds
The Developer undertakes to inform by any means any person accessing the Content through the Webpages and/or Personal Applications of its conditions of use and notably that the streaming of the recordings is limited to a strictly private use within a family scope.
The use of the Content is limited to a strictly private use within a family scope.
V. DIGITAL RIGHTS MANAGEMENT
The Developer recognizes that the Content are protected by Digital Rights Managements (DRM), set up by Music FM, in order to prevent or limit, depending on the technology offered, the unauthorized use of the Content.
The Developer undertakes not to bypass, by any means, these measures, for the purpose of downloading the Content, or more broadly using the Content in violation of the present Terms.
The Developer is informed that Music FM will remove the access to the Services, and to the Site to any Developer in case of any bypass by the Developer or any third party of the DRM or any other unauthorized use of the Content in the Services.
Subject to the prior request of any judicial and/or administrative authority, Music FM has the right to communicate the identity of the offender to any owner and/or right holder on the Content.
VI. DISCLAIMER AND LIMITATION OF LIABILITY
The Site and the Services are made available to Developer on an "as is" basis and Music FM cannot be held liable neither for the unavailability, whether temporary or permanent, of the Services or the Site, nor for any defect or error in the Services.
Music FM has the right to modify at any time without any notice the Music FM Services and/or the Site notably by making available new functionalities or Content or by modifying and/or deleting functionalities or Content that were offered to the Developers on the Music FM Services and/or on the Site.
Music FM cannot be held liable for the fraudulent exploitation which could occur without its knowledge or in violation of the Terms and notably any illegal use, streaming, or downloading of the Content.
Music FM cannot be held liable for independent technical problems of its Services such as maintenance or network issues due to the internet service provider and which could lead to a temporary intermission of the network.
Music FM cannot be held liable neither for the dysfunction of internet links on the Site transferring to external website whose integration has been made by the Developer, nor for all their content and notably the products, services and/or any other available materials on and from these external websites.
VII. INTELLECTUAL PROPERTY
The general structure of the Site, the Music FM Services, and any other elements composing them (such as but not limited to the graphics, texts, visuals, photos, logos, domain names, elements associated with the Content comprising the photos, images, texts and biography of the author, artist and/or any right holders, on the Content along with the visuals packaging of the Content) are exclusively owned by Music FM or right holders.
Any reproduction and representation, in total or partially, of the Site and/or elements composing it by any means without the express authorization of Music FM or right holders are strictly forbidden and would amount to an act of counterfeiting punished by law.
Music FM is the worldwide owner of the verbal and semi-figurative trademarks “Music FM” (whether registered or unregistered) and retains all right, title and interest in and to them. The Developer will not copy or use these trademarks in any way not authorized by Music FM in these Terms, will abide by the Trademark Guidelines set out by Music FM in connection with his use of these trademarks, and shall not challenge the validity of these trademarks or attempt to register similar or trademarks, service marks or logos.
VIII. ASSIGNMENT
Developer may not assign or otherwise transfer, its rights or delegate its duties or obligations under these Terms. Any attempt to assign, or otherwise transfer, any rights contained in these Terms is void and will inevitably lead Music FM to remove Developer access both to the Services and to the Site.
IX. MISCELLANEOUS
The Developer agrees that the use of the Services for any other purposes than those mentioned herein, shall be beforehand reviewed and approved by Music FM, at Music FM’s own discretion.
The Developer agrees that nothing in these Terms shall prevent Music FM to create, develop and commercialize services or products similar to the Developer’s Personal Applications and/or Webpages.
Furthermore, Music FM may at any time and at its own discretion, quote, refer to, promote or communicate on the Developer’s Personal Applications and/or Webpages, if necessary with a description of the relationship between Music FM and the Developer.
X. SURVIVAL
Sections III, VI, VII, IX, X and XI will remain in effect after the Developer ceases to access or use the Services.
XI. APPLICABLE LAW
The present Terms are submitted to United Kingdom law.
In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Terms will have to be brought before a United Kingdom court and thus even if there are multiple defenders or in case of guarantee enforcement.