Acceptance of Terms and Conditions
- You acknowledge and agree that the following Terms and Conditions constitute a legally binding agreement (hereinafter the “Agreement”) between you (hereinafter the “USER”) and charts.fm (hereinafter “charts.fm”) in relation to your use of charts.fm’s Internet platform at www.charts.fm (hereinafter “Website”) and any services that charts.fm provides through its Website (hereinafter “Services”). You represent and warrant to charts.fm that you have read and understood the Terms and Conditions, and that you have the legal capacity to enter into this Agreement.
- charts.fm reserves the right, at charts.fm’s own sole discretion, to change, alter, replace or otherwise modify the Terms and Conditions at any time. The date of last modification is noted at the end of the Terms and Conditions. Charts.fm will notify USER of modified Terms and Conditions. The USER’s continued use of or access to charts.fm’s Website and Services following the posting of any changes to this Agreement constitutes the USER’s express or implied acceptance of those changes. Notwithstanding the above, it is the USER’s responsibility to check the Terms and Conditions from time to time if they have been updated. If USER does not agree to the revised Terms and Conditions, USER’s sole recourse is to immediately cancel his/her USER account and to stop using charts.fm’s Website and Services.
- In the future, charts.fm may release new services and/or features including the release of new tools and resources on its Website. Such new features or services shall also be subject to the present Terms and Conditions as well as any additional Terms and Conditions that charts.fm may release for those new features or services.
- When USER registers on charts.fm’s Website, USER will have to choose a username and password and will receive a user account from charts.fm. The USER is solely responsible for maintaining the confidentiality and security of his/her username, password and account, and shall be responsible for all uses of his/her username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not authorized by USER.
- USER shall not use any other user’s account, regardless of a permission (if any) granted by such other user. Further, USER shall not allow any other user or third person to access USER’s account and/or to make use of USER’s password and username. If USER nonetheless permits any other user or third person to use USER’s password and/or username, charts.fm may, at its own sole discretion, cancel USER’s account, and USER shall be liable for all activity and transactions made by that other user or third person including such transactions which USER might not have authorized.
- USER shall notify charts.fm immediately in writing of any unauthorized use of USER’s account including, without limitation, unauthorized use of USER’s password and/or username, or any other breach of confidentiality or data security.
- It is strictly prohibited to make use of any electronic tools, including spiders, robots (bots), crawlers, data mining tools, or any other automated means on charts.fm’s Website or Services, regardless of the purpose and/or configuration and/or mode of operation of such electronic tools.
- charts.fm may disallow or remove certain usernames and may, with or without prior notice, close USER’s account if and when activities occur on that account which constitute, at charts.fm’s own sole discretion, a violation of the present Terms and Conditions and/or an infringement of other applicable laws and regulations.
- USER can cancel his/her account at any time in the profile settings. USER is solely responsible for cancelling his/her account properly. A telephone request, letter or e-mail from USER to cancel the account will not be considered a proper cancellation. Upon cancellation of USER’s account, any and all music, videos, photos, pictures, graphics, comments, communications and other content, data or information of USER will be irretrievably deleted by charts.fm, with the exception of such data charts.fm may be obligated to store for a certain period of time in accordance with applicable laws and regulations.
User Generated Content
- Any and all music, videos, photos, pictures, graphics, comments, and other content, data or information that USER uploads, stores, transmits or submits to charts.fm’s Website (hereinafter "Content") are generated by the USER (and other registered users of charts.fm’s Website), but not by charts.fm. USER’s Content therefore remains in USER’s sole property and responsibility.
- charts.fm does not claim any ownership rights in any music, photos, information, materials, data, files, communications, footage and other materials which USER posts, stores or exchanges through charts.fm’s Website and Services.
- USER hereby expressly acknowledges and agrees that USER him-/herself, and not charts.fm, is fully responsible for all Content that USER uploads, posts, e-mails, transmits or otherwise makes available through charts.fm’s Website or Services.
charts.fm reserves the right to block, remove or delete any Content, communications, blogs, postings, and/or other data or information if charts.fm,
in its own sole and unfettered discretion, has reason to believe that such Content and/or other data or information may infringe the rights of a third
party, and in particular if charts.fm deems such Content and/or other data to be
- misleading, fraudulent, or deceptive; or
- defamatory, abusive, or obscene; or
- possibly in violation of a copyright, trademark, patent, trade secret, or other intellectual property right; or
- possibly in violation of any applicable law or regulation; or
- otherwise unacceptable.
No Liabilty for Links, Third Party Websites and Services
- charts.fm’s Website and Services may contain features and functionalities that may link USER to, or provide USER with certain functionalities and access to, third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Websites”).
- charts.fm has not reviewed, and cannot review, all of the material, privacy policies, services, content and other information which is available via such External Websites. Charts.fm does not have any control over those External Websites, and is not responsible for their content or their use. By linking to an External Website, charts.fm does not represent or imply that it endorses such website, its content or any other information and/or material contained therein.
- USER is solely responsible for his/her dealings with any third party related to the External Website, including the delivery of and payment for goods and services. USER should make whatever investigation he/she feels necessary or useful before proceeding with any online or offline transaction with any third party related to External Websites. The USER is solely responsible for taking precautions as necessary or useful to protect him-/herself from fraud etc., and his/her computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material on External Websites.
- charts.fm disclaims any responsibility for any harm resulting from USER’s accessing External Websites, and USER irrevocably waives any claim against charts.fm with respect to such sites and third-party content.
Changes of Website and Services
- charts.fm may change or modify the products, services, functionalities of the Website and/or Services at any time without notice.
- USER agrees that charts.fm and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to USER or to any third party for any changes or modifications of Website and/or Services and/or USER’s possibility to use or access charts.fm’s Website and/or Services.
DATE: October 2009