Terms of Service
Last updated November 25, 2021
1. Key Definitions
“Distribution Agreement” means the agreement governing the use of Distribution Service, as amended from time to time.
”Distribution User” means a User using the Distribution Services under FAIM Services.
“Distribution Service” means the distribution service under the FAIM Services, provided by us to the Users in accordance with the provisions in these Terms and the Distribution Agreement.
“FAIM Services” means Website and Family in Music platform and/or other channels that are owned, operated and/or controlled by us and/or each of our affiliates, licensees, agents and assignees. For the avoidance of doubt, “using FAIM Services” shall include accessing and using FAIM Services, including the Website.
“Terms” means these Terms of Service, and their amendments from time to time, governing your use of FAIM Services.
“Third Party Material” means features, functionalities and content on FAIM Services) partly or wholly powered, provided by and/or belonging to Third Party Services.
“Third Party Services” means third party service providers and/or other external stakeholders of FAIM Services.
“User” or “you” means a person using FAIM Services. The User must be 18 years or older.
”We” or ”us” means Family in Music Ltd (3003543-1), a limited liability company based in Espoo, Finland.
By using FAIM Services, you agree that you have read and understood these Terms, that that you are legally bound by these Terms, and that you comply with all applicable laws and regulations. Please read these Terms carefully before using FAIM Services. If you do not agree with the Terms, you shall not use FAIM Services.
3. Amendments and Modifications
We reserve the right to amend, modify or update these Terms at any time without notice to you. In the event we modify these Terms, we shall post the amended Terms on the Website. Your continued use of the FAIM Services after the amendments have come into effect implies your consent to be bound by such amendments.
We shall inform you of any changes that are material by nature, either by notice on FAIM Services or by e-mail sent to the e-mail address you have submitted to FAIM Services. If you do not agree to any amended Terms, you shall discontinue the use of FAIM Services and contact support to request for deletion of your Account. Please note that if you are a Distribution User, your Distribution Agreement may affect the timing and process of the deletion.
You must be of the age of 18 or older to be eligible to register and create an Account.
You are responsible for the use of your Account. You shall be responsible for maintaining the security of your Account by keeping your credentials and Account information confidential and secure against unauthorised use or access, and not sharing any such information with any third party. Please select your password carefully.
We shall not be liable for any loss, cost or damage suffered as a result of any unauthorised use of the FAIM Services by any third party caused by a User’s failure to comply with these provisions. Users must notify us immediately if they suspect or become aware of any unauthorised or fraudulent use of their Account.
We reserve the right to terminate any Account and/or to remove any content from the FAIM Services at our sole discretion in case of User’s breach of these Terms.
5. Subscription Fees and Commissions
Signing up to FAIM Services is currently free.
Our commission in connection with the Distribution Service is set out in the Distribution Agreement.
We reserve the right to amend the fees and commissions and announce any future subscription tiers and details at the time of our choosing.
By using FAIM Services, the User may encounter content or information that could be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We may not actively review content provided by Users. Please contact support if you come across any harmful information. Please note, that these investigations may take a while to resolve.
Content in relation to the KnowHow feature of the FAIM Services (“KnowHow Content”) is partly provided by third parties. We use reasonable measures to make sure that any KnowHow Content is truthful and accurate, but we cannot guarantee the quality of the KnowHow Content or the validity of any claims made thereof. We are not responsible for any KnowHow Content, other third party content or for any damages arising as a result of the use of or reliance on such content.
We are constantly developing the FAIM Services. Please keep in mind that we may add new features, functionalities and content to, or change or delete different parts of existing features, functionalities and content of the FAIM Services, in part or in whole. We are not responsible for any losses arising out of changes or deletions. We also constantly test new features with the goal of making the FAIM Services better, in connection which we may add or remove features, and often test features with a random subset of our user base.
8. Restrictions of Use and Non-Compliance
We are determined to make the FAIM Services as safe for you as possible.
You may not provide any illegal information or other content to FAIM Services or make any other illegal actions. This includes any content that:
- contains defamatory or libellous material such as insulting, pornographic, erotic or false material;
- promotes illegal activities, hate speech, racism, bigotry or physical harm against any group or individual or is otherwise objectionable;
- harasses or encourages harassment of another person;
- violates any intellectual property right or right of publicity or privacy; and/or
- is otherwise contrary to any applicable law.
Users are responsible for the information and content they submit on the FAIM Services. In other words, you must be the owner of any information and content you submit to the FAIM Services, or at least have necessary legal rights to do so. We do not have any liability for the information and content submitted to the FAIM Services, unless the applicable laws require otherwise.
Any unauthorised use of the FAIM Services is hereby expressly prohibited. For the avoidance of doubt, you shall not:
- use or attempt to use another person’s Account;
- create an Account using a fake identity or an identity of another person;
- otherwise impersonate, or falsely indicate or misrepresent an affiliation with, any person or entity;
- cause any harm or detriment to the use of the FAIM Services or to other Users or to our employees;
- collect or store personal data without the data subject’s express and explicit consent;
- collect, use, copy, or transfer any information obtained from the FAIM Services without the consent of us;
- misrepresent the source, identity or content of information transmitted via the FAIM Services;
- access the FAIM Services except through the interfaces expressly provided by us, such as the Family in Music platform and the Website;
- use the FAIM Services for transmitting any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation or mass messaging;
- reverse engineer, decompile, disassemble, decipher, copy, modify or otherwise attempt to derive the software used to provide the FAIM Services or source code for the FAIM Services or any related technology, or any part thereof;
- test the vulnerabilities or circumvent any usage control or anti-copy features of the FAIM Services;
- use the FAIM Services or any content therein in any manner that could damage, overburden or impair the FAIM Services;
- use the FAIM Services to transmit any material that contains adware, malware, spyware or any other computer code designed to destroy or limit the functionality of computer software or equipment;
- remove any copyright, trademark or other proprietary rights notices contained in or on the FAIM Services;
- remove, cover or obscure any advertisement included on the FAIM Services;
- use bots or other automated methods to use the FAIM Services;
- use the FAIM Services in any other manner not permitted by the Terms or otherwise instruct, or encourage any other individual to do any of the foregoing or violate the Terms; and/or
- use the FAIM Services in violation of applicable laws.
We have zero tolerance when it comes to unauthorised use of the FAIM Services. If we have a reasonable doubt of any unauthorised use of the FAIM Services or any other breach of these Terms, we may (without prejudice to any other rights or remedies available) terminate the User’s access, including any future access, to the FAIM Services and to the Account or any future account. We shall not be liable for any loss or damage suffered by a User as a result of us exercising our rights under this clause.
Please contact support if you come across a User potentially violating these Terms.
9. Distribution Service
The Distribution Service can be accessed and used in accordance with the separate Distribution Agreement.
10. Disclaimers and Limitations of Liability
If the FAIM Services fails to perform in accordance with these Terms, we will use commercially reasonable efforts to mitigate the failure and restore access to the FAIM Services as soon as practicable. You acknowledge and agree that the FAIM Services and all content, functionality and features thereof is made accessible on an ”as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties and representations with respect to compatibility, title, satisfactory quality, merchantability and fitness for a particular purpose.
We can discontinue providing FAIM Services permanently or temporarily at any time.
To the extent permitted by applicable laws, we are not liable to User for any incidental, consequential or punitive damages arising out of these Terms or User’s use or attempted use of the FAIM Services. We do not guarantee or promise any sales, streams, fans or any increases to the foregoing by using the FAIM Services.
We will not have any liability arising from terms and conditions governing the rights and/or obligations between you and any Third Party Service, even when such terms and conditions are available or accessed within or via the FAIM Services.
To the extent permitted by applicable laws, our liability for damages is limited to EUR 100. The limitations of liability in this section shall not apply in cases of intentional misconduct or gross negligence.
You shall at your own expense defend, indemnify and hold harmless us and our parents, subsidiaries, affiliates, officers, directors, employees, agents and third-party service providers against any and all claims, actions, debts or liabilities (each “Claim”) alleging that the information or content submitted by any User or User’s use of the FAIM Services infringes any intellectual property rights, privacy rights or other rights of a third party. We reserve the right to exclusive control over the defence of a Claim covered by this section. If we use this right, User shall assist us in our defence.
While we use commercially reasonable efforts to ensure that the FAIM Services is free from viruses and other malicious content, neither we nor any other party involved in creating or delivering the FAIM Services have responsibility or liability for any damage, or viruses that may infect, Users’ computers or mobile devices or other property on account of access to or use of the FAIM Services.
Users shall assume total responsibility and risk for their use of the FAIM Services. Users are responsible for implementing procedures sufficient to satisfy their needs for data backup and security. This section shall not limit our statutory liability for defects in the FAIM Services in relation to our consumer customers or any liability that, by law, cannot be limited or restricted, or User’s statutory remedies for defects or delays under any applicable mandatory consumer protection laws.
12. Malfunctions and Defects
We take reasonable steps to ensure that the FAIM Services will be operating as intended. However, please note that the FAIM Services may at any time be interrupted or permanently discontinued e.g. due to installation, change, maintenance work or if required by law. The FAIM Services may also be temporarily suspended.
While we do our best in providing you the FAIM Services error-free, we do not promise or guarantee you anything regarding the reliability, functionality, timeliness, quality or suitability of the FAIM Services, its features or any service offered by us. We do not promise or guarantee anything that is not expressly mentioned in these Terms.
We shall not be liable if, at any time, the FAIM Services malfunctions and/or causes any loss or damage to Users, or for any other loss or damage suffered as a result of any partial or total breakdown of, or inability to use, the FAIM Services.
This section does not limit our statutory liability for defects in the FAIM Services in relation to our consumer customers, or any liability that, by law, cannot be limited or restricted, or User’s statutory remedies for defects or delays under any applicable mandatory consumer protection laws.
In case of any problem relating to the FAIM Services, please contact support.
13. Intellectual Property Rights
All intellectual property rights in or related to the FAIM Services and thereto related documentation and all parts and copies thereof, including but not limited to software, technology, text, trademarks, visual elements, logos and graphics and any modifications, derivations or adaptations thereof, shall remain exclusively vested in and be the sole and exclusive property of us, our affiliates, subcontractors and/or other partners with all rights reserved. You may not use, reproduce, distribute, perform, publicly display or prepare derivative works of such intellectual property rights without our written permission.
Any intellectual property rights and title to anonymous usage, statistical or aggregate data regarding your use of the FAIM Services (“Aggregate Usage Data”) belong to us.
We may generate and obtain Aggregate Usage Data from your use of FAIM Services for the purposes of e.g. developing and improving the FAIM Services. We may also obtain Aggregate Usage Data regarding your use of the FAIM Services for security, availability and troubleshooting reasons to enable us to provide the FAIM Services and related support.
All intellectual property rights not expressly granted to Users hereunder are reserved by us and our subcontractors and/or licensors.
Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable and revocable right to access and use FAIM Services in accordance with these Terms. This permission is conditioned on the User’s acceptance of the Terms of any other terms, conditions, and notices provided by us.
A Distribution User will retain copyright ownership of the distributed material and expressly reserve all rights in and to the distributed material according to the Distribution Agreement.
Any materials available for access, downloading or for other use from the FAIM Services, that have their own license terms, conditions, and notices, will be governed by such terms, conditions, and notices.
14. Third Party Services
Certain features, functionalities and/or content on the FAIM Services may comprise Third Party Material. Third Party Material may be indicated for example with a wording “powered by” or otherwise, or may not be indicated at all. Any Third Party Material is subject to copyright, trademark and other intellectual property rights of the respective owner(s) of the Third Party Material, who retain all rights therein. Any Third Party Material is subject to own license terms and is licensed for sole use on the FAIM Services. To the extent you wish to use any Third Party Material outside the FAIM Services, you are responsible for procuring any necessary rights for such use from the respective Third Party Service. We do not assume any liability in regard to exploitation of Third Party Material, whether or not such Third Party Material is linked to or integrated in the FAIM Services.
Third Party Services may have their own terms and conditions and privacy policies, and your use of these Third Party Services will be governed by and subject to such terms and conditions and privacy policies. We are not in control of such terms and conditions and privacy policies, and we will not have any liability arising from terms and conditions and privacy policies governing the rights and/or obligations between you and any Third Party Service, even when such terms and conditions and privacy policies are available on or accessed via the FAIM Services. Please read all applicable legal documentation carefully before starting to use or continuing using Third Party Services, whether on or outside the FAIM Services.
The FAIM Services may contain links to independent third-party websites. Any links are provided solely for your convenience, and we do not control or endorse any websites behind them. We shall not be responsible for the content, promotions, security, tracking policies or privacy policies of any linked websites.
15. Personal Data
We take the protection of your personal data seriously. We are dedicated to complying with all applicable data protection laws, including the EU General Data Protection Regulation.
16. Other Terms
If any provision of these Terms is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
A waiver by us of any provision of these Terms in any instance will not be deemed or construed as a waiver of such provision for the future or any subsequent breach thereof.
Our failure to exercise or enforce a right or provision under these Terms shall not be construed as a waiver of any right or provision, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms.
These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
Our customer service representatives are not authorised to modify any provision of these Terms, either verbally or in writing.
You may not delegate your duties, assign your rights or assign these Terms without the prior written consent of us. We may assign our rights or obligations under these Terms in whole or in part to an affiliate or successor or to a purchaser or acquirer of our business assets relating to the FAIM Services without your prior consent.
Those provisions that by their nature are intended to survive termination or expiration of these Terms shall so survive.
17. Feedback and Claims of Infringement
We welcome any feedback you have regarding the FAIM Services. Please be aware that any feedback you provide shall be deemed non-confidential, and we shall be free to use such information on an unrestricted basis.
18. Applicable Law
These Terms shall be governed by and construed in accordance with the laws of Finland without regard to its principles and rules on conflict of laws.
19. Dispute Resolution
We are committed to work in good faith to resolve any issue User has with the FAIM Services, for which reason we encourage you to contact our support in case of any issues regarding the use of the FAIM Services. All disputes, controversies or claims between us and the User, arising out of these Terms, shall be primarily resolved by amicable negotiations.
In the event the we fail to resolve the dispute through amicable negotiations within 90 days, the dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof, shall be finally settled by the district court of Helsinki as the first instance.
If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. Consumer in the sense of these Terms means any natural person who uses the FAIM Services for a purpose which predominantly cannot be attributed to the person’s commercial or self-employed professional activity. Consumers are entitled to bring action in the court of first instance of their domicile. In case of disputes, consumers may also resort to the Consumer Disputes Board (www.kuluttajariita.fi) or the Online Dispute Resolution service provided by the European Commission (ec.europa.eu/consumers).
20. Term and Termination
These Terms enter into force on the date you start using the FAIM Services.
You can discontinue the use of the FAIM Services at any time and contact support to request for deletion of your Account. Please note that if you are a Distribution User, the Distribution Agreement may affect the timing and process of the deletion.
Please note that if we have a reasonable doubt of any unauthorised use of the FAIM Services or any other breach of these Terms, we may (without prejudice to any other rights or remedies available to it) terminate the User’s access, including any future access, to the FAIM Services and to the User’s Account or any future account.