Terms of Service

Terms of Use last updated May 24th, 2021

The following terms of use (“Terms”) applies to your use of familyinmusic.com and any other websites, mobile applications, social media platforms and/or channels that are owned, operated and/or controlled by Family In Music and/or each of our a!liates, licensees, agents and assigns (“Company”, “we,”, “us” or “Family In Music”) including social media channels belonging to any User (as defined below), where the User has authenticated or otherwise delegated control to us, including through sharing login information, using Facebook Connect and/or other authentication login methods now known or hereafter devised (collectively, the “Website”).

The Terms form a legal agreement (“Agreement”) between you and Family In Music (“Company”, “we,” or “us”).

By using the Website, you (sometimes referred to individually as “User” or collectively as  “Users”) acknowledge that you have read, understood, and agree to be bound by these Terms, and to comply with all applicable laws and regulations.

BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

All rights not expressly granted to Users in these Terms are hereby reserved by Company.

Additionally, by clicking the “accept” button following these Terms you also agree to be bound by all Terms applicable to the distribution services, as amended from time to time.

 

  1. Amendments and Modifications

Company reserves the right to amend, modify or update these Terms at any time with or without notice to Users, and may also add new features or functionalities to, or change or remove existing features or functionality from, the Website that will be subject to the Terms. In the event we modify these Terms, we shall post an updated version of such terms on the platform. It is the User’s obligation to check for any changes made to these Terms. Notwithstanding the foregoing, in the event any changes to these Terms shall materially change your rights, Company will use reasonable efforts to notify Users of such changes via e-mail, provided that failure to provide e-mail notification shall not be deemed a breach of this Agreement. It shall also be User’s responsibility to keep an updated e-mail address on file on your account. Any User who continues to use the Website after any changes are made will be deemed to have agreed to those changes. Your acceptance of these terms will create a binding and legally enforceable contract between you and Company.

 

  1. Binding Arbitration

These Terms provide that all disputes between a User and Company will be resolved by BINDING ARBTRATION. ACCORDINGLY, USER AGREES TO GIVE UP USER’S RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend rights under these Terms (except for matters that may be taken to small claims court). User’s rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and User’s claims cannot be brought as a class action.

 

  1. Artist Submission / User Account Information

In order for Company to consider working with User as an artist, Users will need to provide certain information about themselves (as prompted by the Website) (“User Account Information”). All Users agree to provide true, accurate and current User Account Information.

Users grant a non-exclusive, worldwide, royalty-free license to Company to use such User Account Information solely for the purposes of determining whether User is the right fit for Company, supplying the services provided by the Website, including disclosing such User Account Information to third parties as necessary (for example, disclosing limited User Account Information to verify its accuracy). As prompted, User may be asked to submit its social media handles or addresses including, without limitation,YouTube, Facebook, Instagram, Twitter, Snapchat, LinkedIn, SoundCloud, Pandora, Spotify, and Vevo.

User acknowledges and agrees to provide User’s correct information (including without limitation social media access, handles and links) and samples of work that are solely owned or controlled by User. Additionally, User acknowledges and agrees that Company receives many submissions, some of which may be similar, or may be similar to content being independently developed by Company and Company is free to work with artists with similar submissions or proceed with developing its own content without any obligation to User.

 

  1. Company Grant of Rights (Distribution Services Only)

When utilizing the distribution services, you grant Company the non-exclusive right throughout the world during the Distribution Term (as defined herein):

a. to license (e.g. to iTunes, Spotify, Amazon, GooglePlay, Rhapsody, Tidal, etc.) the master sound recordings that you submit to Company and the musical compositions respectively embodied therein, including any derivative works, remixes, master cuts, radio edits, session files and stems (each a “Master” and collectively “Masters”), as those are delivered by or on behalf of you to Company;

b. to use, display and license the artwork, marketing materials, trade names, trademarks, service marks, logos and other intellectual property associated with the Masters or other similar identifying material which has been submitted by you (collectively the “Intellectual Property”);

c. to permit the performance, reproduction, display, sale, copying, distribution, synchronization, public performance, encoding in any format, configuration and exploitation (e.g. as downloads, streams, on iTunes, YouTube, etc.) of the Masters and Intellectual Property (collectively the “User Content”) by any method now known or hereinafter invented;

d. to collect, administer, and distribute royalties to, and on behalf of, you in connection with the User Content;

e. to perform any other acts deemed necessary to effectuate the purpose of these Terms and provide the services;

f. to do any of the foregoing without further payment to you or permission from you, except as explicitly stated in this Agreement; and

g. to choose not to do any of the foregoing without further payment to you or permission from you, except as explicitly stated in this Agreement.

 

  1. User Rights and Delivery Obligations (Distribution Services Only)

You shall retain all rights in the User Content which are not expressly licensed to Company under these Terms. For the avoidance of any doubt, nothing herein shall be deemed a transfer or other conveyance of any ownership rights from you to Company with respect to the copyrights, trademarks, service marks, or other intellectual property embodied in the User Content. As between you and Company, you shall retain all ownership interests in such materials, subject to the rights granted to Company herein.

You shall deliver to Company and upload the User Content in accordance with Company procedure and portal guidelines as set forth herein and updated, from time to time, on the Website (“Delivery Specifications”).

Proper delivery of the User Content shall be made in accordance with the following Delivery Specifications:

a. You shall upload the Masters, filling out all required “metadata,” including but not limited to song title, album title, songwriter and producer names (including legal first and last names), featured artist name, record label name and all biographical and other information necessary to distinguish the User Content;

b. You shall submit and upload all artwork images, logos, trademarks, service marks or chose to forego such content in connection with exploitation of the User Content. Any images/photos must be uploaded as a square jpeg file 3000 x 3000 pixels (minimum 1400 x 1400 pixels) with maximum file size 50 megapixels, or as otherwise updated from time to time. In the event the image/photo does not fit the required dimensions, the artwork will automatically be resized to fit in compliance with the Website;

c. All Masters will be required to have what is known as a Universal Product Code (UPC) or more commonly in this case, an International Standard Recording Code (ISRC). In the event you have an ISRC, you shall have the option to apply your code when uploading your Masters. In any other event, Company shall provide a specific and unique code to your Masters when uploaded on the Website.

d. You shall be responsible for determining the necessity of any and all advisory warning status applicable to the User Content, including but not limited to the need for a parent advisory status;

e. When uploading your Masters, Company shall set a default price of a song to $0.99, which shall solely apply to download purchases of the Masters. The price recommendation will change depending on the release type (i.e., single, EP or album). If you choose to specify a price other than that which is set by Company, you must do so when uploading the User Content;

f. Social media authentication may or may not be required in order to move forward with use of the Website and/or release of the User Content. If applicable, you may be asked to connect at least one of your social media profiles from a list of different platforms including, but not limited to a profile with Facebook, Instagram, Twitter, YouTube and SoundCloud, amongst other platforms;

g. Once the User Content has successfully been uploaded, the content will appear in the Website’s music distribution platform, where you will be able to upload additional new releases, check reporting, performances and set up payment methods;

h. The User Content should be uploaded no less than fourteen (14) days prior to your release date, or any other mutually agreed upon timeframe.

 

You shall be solely responsible for: [i] securing mechanical licenses, digital phonorecord delivery licenses (i.e. DPD licenses) and all other licenses required from musical composition copyright owners, publishers, administrators, artists, featuring artists, producers, copyright owners, master rights owners, and all other persons or entities whose performance is embodied in the Masters or is otherwise involved in the creation, ownership or control of the User Content (collectively “Rights Holders”); [ii] making all payments due (including royalties) in connection with the foregoing licenses referenced in this Section 2; [iii] making all payments that may be required by contract, law, under any collective bargaining agreement, or otherwise; and [iv] securing rights from, and paying all monies now or in the future due in connection with the User Content and Company’s exploitation of the User Content, including, without limitation all fees, income, monies, royalties or any other compensation due to Rights Holders.

Upon Company request, you will promptly provide Company with copies of any producer and side-artist agreements, mixer agreements, co-writer agreements, sample licenses, label waivers any other agreement with Rights Holders and any such other things and information as Company may request, including identity of, and contact information for Rights Holders, in order to ensure compliance with these Terms.

You acknowledge and agree that Company has limited practical ability to control or monitor possible infringement of your intellectual property rights by other parties and that Company assumes no responsibility for controlling or monitoring such alleged infringement. Company is not responsible for enforcing your intellectual property rights, including by issuing cease and desist letters, filing suit or taking other legal action against alleged infringers. Any infringements shall be reported in accordance with Company’s procedure for making claims of copyright and/or other intellectual property infringements.

 

  1. Subscriptions, Distribution Fees & Royalties (Distribution Services Only)

During the early access period of spring 2021, the following fees apply until further notice:

  • Signing up and usage of the platform is FREE.
    • No separate tiers are applicable until further notice.
  • Digital distribution commission of User Content: 10%

 

After the early access period of spring 2021, Company may offer various types of subscription tiers, like “FREEMIUM” and “PREMIUM”, which details will be introduced later.

Company reserves the right to announce and present future subscription tiers and details at the time of its choosing.

 

6.1. Further Details about Distribution.

Regarding the Users utilising our distribution service to distribute the User Content, Company shall be entitled to retain ten percent (10%) of all gross royalties, payments or other earnings received by or on your behalf by Company in connection with the digital exploitation of the User Content (“Distribution Fee”). For the purpose of this agreement, “digital exploitation” for Users shall initially mean the exploitation of the User content solely on the following digital service providers (but not limited to): Apple, Spotify, Deezer, SoundCloud and YouTube (specific digital service providers are subject to change in Company’s sole discretion).

For the avoidance of any doubt, there shall be no Distribution Fee applicable unless User elects to distribute music utilizing the distribution component of the Website.

If Company exploits the User Content in any way that generates revenue, Users shall be entitled to retain one-hundred percent (100%) of all royalties, payments and other earnings actually received by or on your behalf by Company in connection with the User Content, less only the Distribution Fee percentage, any tax, master use or synchronization license fees (“Sync Fees”), other fees or other third-party charge related solely to the exploitation of the User Content (collectively “Royalties”).

 

  1. Accounting, Payments and Audits

Company will pay you any royalties Company collected on your behalf within ninety (90) days after the end of each calendar month or ninety (90) days from the date on which Company receives or is credited with royalties in connection with the User Content, whichever is later. If you are owed less than One hundred Euros (100€), your royalties shall be carried forward onto the following accounting statement and paid to you once your Royalties reach one hundred Euros (100€) or more. Company’s accounting statements shall be based solely upon information provided by its licensees. No royalties shall be payable to you until payment has been actually received by Company or credited to its account. You shall be responsible for any bank fees or related charges for the payment of any royalties. You shall have a valid method of payment on file with Company. It is your responsibility to notify Company of any changes to your method of payment. In the event that you do not have a valid method of payment on file, Company may suspend payment to you until such time that a valid payment method has been submitted. Any object to any accounting statement or lawsuit arising therefrom must be made (and any lawsuit commenced) no later than one (1) year after the date the accounting statement is rendered. You hereby waive any longer statute of limitations that may be permitted by law. Notwithstanding anything to the contrary contained herein, in the event that no royalties are due to you, Company shall have no obligations to provide a statement indicating that no payment is due.

 

  1. Distribution Term; Termination and Removal

For registered users, the term of this Agreement shall commence upon first use of the Website, and automatically extend and continue unless and until you provide Company at least ninety (90) days’ advance notice of your desire to terminate the Agreement (the “Termination Notice”) at the end of the following thirty (30) day period, or unless Company sends you written notice of termination at any point (“Distribution Term”).

Company shall continue to collect and pay you all Royalties earned by or credited to its licensees prior to the end of the Distribution Term. Company may suspend or terminate your account if Company believes in its sole and absolute discretion that you have violated the Terms, or you are believed to be infringing property rights of third parties and/or engaging in otherwise illegal and/or fraudulent activity. Company may terminate your account and access to the Service immediately at any time, with or without cause, with or without notice.

Upon termination, [i] Company will submit a request for removal of the User Content to the applicable third party platforms; [ii] Company shall use reasonable e”orts to have all User Content be removed from third party platforms within thirty (30) days of termination, provided that you understand such removal is out of Company control and may or may not take longer, provided Company shall have no liability for the failure of a third party platform to remove the User Content; [iii] Company may retain any subscription fee paid by User to date, [iv] Company may delete any User Content otherwise in its possession and Company will have no liability to you or any third party for doing so; and [v] Company shall have no additional obligation to you with the exception of payment of any Royalties earned prior to the date in which the User Content has been removed. Notwithstanding termination in accordance with this section, all provisions of these Terms which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

  1. Malfunctions and Technical Support

Company takes all reasonable steps to ensure that the Website will function as intended. However, Company shall not be liable if at any time the Website 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 Website. Company will try to promptly address (during normal business hours) all technical issues that arise in relation to the Website.

 

  1. Responsibility

Each User will be responsible and liable for all User Account Information submitted on the Website. Company will not be held accountable if a User suffers any loss or damage as a result of the use of the Website.

 

  1. Links to Other Websites

The Website may contain links to independent third-party websites such as and not limited to YouTube, Facebook, Instagram, Twitter, Snapchat, LinkedIn, SoundCloud, Pandora, Spotify, and Vevo (collectively, “Linked Websites”). Company provides these Linked Websites solely for your convenience, and does not control or endorse any of them. Company cannot be responsible for the content, promotions, security, tracking policies or privacy policies of such Linked Websites.

  1. User Representations

You represent and warrant that:

a. You are at least eighteen (18) years of age and have the unrestricted right and power to: [i] enter into this Agreement; [ii] use and license the User Content; [iii] grant Company the rights granted in this Agreement; and [iv] fulfill all of your obligations in this Agreement;

b. Company’s use of the User Content or exercise of its rights under this Agreement will not infringe upon or violate: [i] any person’s or entities’ rights; [ii] any laws, statutes, rules or regulations; or [iii] any copyrights, trademarks, trade secrets, or other proprietary rights, intellectual property rights, or contracts;

c. no agreement of any kind previously entered into by you, or entered into by you after the date of this Agreement will: [i] interfere in any manner with the complete performance by you of this Agreement; or [ii] conflict or interfere with Company’s exploitation of the User Content and the rights granted by you to Company;

d. you have no expectation of privacy or confidentiality with respect to the User Content; and

e. Company shall have the right to exploit the User Content in any manner hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity other than the amounts payable to you hereunder.

 

  1. Warranties and Liability

The Website and all content, functionality and features within it (the “Materials”) are provided “as is” and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, Company disclaims and excludes all warranties, terms and representations that may otherwise be implied, including any warranties as to compatibility, satisfactory quality, express or implied warranty of merchantability and fitness for a particular purpose, or that content, information or functionality of the Website is accurate, error-free or uninterrupted, and/or does not infringe the rights of any third party. Company does not guarantee or promise any sales, streams, fans, any increases to the foregoing and/or any other form or level of success by using the Website.

With respect to all distribution services, Company shall use commercially reasonable efforts to ensure it receives proper accounting from its licensees.

Notwithstanding anything in these Terms to the contrary, Company shall not be held liable or responsible for: [i] any failures of its licensees to timely or accurately report, account and make payment; [ii] any claim in connection with an accounting statement or payment that was issued or allegedly due from Company or a licensee more than twelve (12) months prior to the date Company receives written notice of the claim; and [iii] any payments, in connection with the User Content or these Terms, due to an individual or entity other than you.

COMPANY AND ANY THIRD PARTIES (INCLUDING COMPANY PARTNERS, AS DEFINED BELOW) MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER AND OF ANY CHARACTER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS OR REVENUE, LOST DATA, BUSINESS INTERRUPTION OR WORK STOPPAGE, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF SERVICE, DOWNTIME COSTS, LOSS OF USE [OF EQUIPMENT, FACILITIES, SERVICES, OR OTHERWISE] LOST PRODUCTION, OR LOST DATA, NO MATTER WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS’ SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO USER WITH RESPECT TO USER’S USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU AGREE THAT THE FOREGOING LIMITATION IS A MATERIAL TERM AND THE BASIS OF COMPANY’S AGREEMENT HEREUNDER, AND THAT COMPANY WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATION. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

While Company uses reasonable efforts to ensure that the Website is free from viruses and other malicious content, neither Company nor any other party involved in producing or delivering the Website assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, Users’ computers or mobile devices or other property on account of access to or use of the Website.

Users assume total responsibility and risk for their use of the Website and Third Party Websites. Company does not warrant that any “Content,” as defined below under the heading Intellectual Property and Privacy, will be free of viruses, worms, Trojan horses or other destructive programming. Users are responsible for implementing procedures su!cient to satisfy their needs for data backup and security. You will indemnify, defend, and hold harmless Company, its parents, subsidiaries, a!liates, and its respective directors, o!cers, members, employees, and agents (each an “Indemnified Party”) with respect to any claim, demand, cause of action, debt or liability (collectively “Claims”) brought by or claimed by any third party, including reasonable outside attorneys’ fees, to the extent that any such Claims are based upon, arise out of or are related to a breach of any of the representations, warranties, covenants, or obligations hereunder or a result of your use of the Website and the services and functionality provided by it. You will promptly provide Company with written notice of any Claims which may fall within the scope of the foregoing indemnification clause. Company may, at its own expense, assist and participate in the defense of any Claims. You may not enter into a settlement agreement that binds Company, in any capacity, without Company’s prior written consent, which will not be unreasonably withheld, conditioned, or Delayed.

 

  1. No Illegal or Malicious Use

No User may use the Website for any illegal, malicious or unauthorized purpose or to abuse, harass, threaten, intimidate or impersonate any other User. Any such use will result in termination to the User’s access to the Website and of the User’s account.

 

  1. Intellectual Property, Privacy and User Conduct

Company grants you permission to use the Website solely provided they are used in accordance with these Terms. Company owns, controls, and/or licenses all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on the Website (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content. The Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws. Any information, data, or other content which is generated in the course of use of the Website by a User, provided by a User and/or aggregated by Company on a User’s behalf (“Data”) shall vest in and be owned by Company in the same manner as the Content. To the extent Such Data contains any personally identifiable information, the terms of Company’s Privacy Policy shall apply. The Website and all Content, including Data, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without Company’s prior written consent. However, as long as a User complies with these Terms, Company grants the User a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website. This permission is conditioned on the User not modifying the Website or the Content, and the User’s acceptance of any terms, conditions, and notices accompanying the Content or as otherwise stated in the Website. Notwithstanding the foregoing, any materials available for downloading, access, or other use from the Website that have their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. If the User posts to the User’s personal social media including, without limitation YouTube, Facebook, Instagram, Twitter, Snapchat, LinkedIn, SoundCloud, Pandora, Spotify, and Vevo and the User tags Company or uses another related hashtag, the User grants Company the irrevocable, unrestricted right to repost the User’s post on the Website. If the User uses the Website through the mobile application, User grants Company the right to use the processor, bandwidth, and storage hardware on User’s device in order to facilitate the operation of the Website.

You hereby agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with you use of the Website, including without limitation, all intellectual property laws. Any unauthorized use of the Website is hereby expressly prohibited. For the avoidance of doubt, you hereby agree not to do any of the following:

a. Disable, hack, circumvent or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Company content or materials;

b. Destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Website, servers or networks connected to the Website or the technical delivery systems of Company’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website;

c. Use any metadata, meta tags or hidden text utilizing any Company name or trademarks or remove any proprietary marks or labels;

d. Infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;

e. Upload, submit, post, email or otherwise transmit any content that is threatening, fraudulent, abusive, o”ensive, libelous, defamatory, tortuous, profane, contains nudity (including, without limitation, any materials which are pornographic or erotica) or obscene, promotes hate, constitutes hate speech, incites violence, invades the privacy of any third party or is otherwise objectionable;

f. Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation;

g. Misrepresent the source, identity or content of information transmitted via the Website;

h. Impersonate, or falsely indicate or misrepresent an a!liation with, any person or entity;

i. Falsely indicate or misrepresent your identity in a way which would be infringing upon any third party person’s rights;

j. Directly or indirectly attempt to modify, translate, decompile, disassemble, decipher or reverse engineer any of the software used to provide the distribution services or copy, rent, lease, distribute or otherwise transfer any of the rights you receive hereunder;

k. Collect or store personal data about other users of the Website without their express and explicit consent; or

l. Use the Website in any manner not permitted by the Terms or otherwise instruct, or encourage any other individual to do any of the foregoing or violate the Terms.

You can read more about the Company’s Privacy Policy here.

 

  1. Branding

No User may publish or use any Company brand, branding or logos except with Company’s prior written consent. Users must not remove or alter any copyright or other proprietary notices contained within the Website.

 

  1. Security

Company takes reasonable measures to keep User Account Information secure against unauthorized use or access. However, Users shall be responsible for maintaining the security of their account by keeping their User Account Information, Passcode number and log-in details confidential and secure, and not sharing any such information with any third party. Users must select their Passcode numbers carefully, and Passcode numbers must not be sequential or easily-identifiable numbers (for example, birthdates, 1-2-3-4 or 1-1-1-1).

Company shall not be liable for any loss, cost or damage su”ered as a result of any unauthorized use of the Website by any third party caused by a User’s failure to comply with these provisions. Users must notify Company immediately if they suspect or become aware of any unauthorized or fraudulent use of their account.

 

  1. Confidentiality

During and after the Distribution Term, neither you nor your respective affiliates, agents, or representatives will disclose or reveal any confidential information related to Company’s business and business practices that you may become aware of except: [i] as required by governmental proceeding, applicable law, or court order; or [ii] to individuals on a “need to know” basis, including employees, certified financial advisors and attorneys, with the condition said recipients maintain the confidentiality of these Terms. In the event that either you or your a!liates are required by law to disclose these Terms, you will notify Company in writing so that such Company may seek a protective order and/or other motion to prevent or limit the production or disclosure of such information. You hereby expressly agree that Company shall have the right to provide information relative to the exploitation of the User Content hereunder to third parties, to aggregate such information into charts and other comparative information materials and to disseminate such findings in any manner.

 

  1. Non-compliance

If a User does not comply with any aspect of these Terms, Company may (without prejudice to any other rights or remedies available to it) cancel or suspend that User’s account, disable the ability of that User to use the Website, and/or terminate these Terms (including the license granted within it).

Company shall not be liable for any loss or damage su”ered by Users as a result of Company exercising its rights under this clause.

 

  1. Governing Law and Jurisdiction

These Terms shall be governed by Finnish law, and all Users submit to the exclusive jurisdiction of the District Court of Helsinki in Finland for any matter or dispute arising in relation to these Terms.

 

  1. Miscellaneous

If a court or other tribunal of competent jurisdiction holds any of the provisions of these Terms to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

Company’s failure to insist on or enforce strict performance of these Terms shall not be construed as Company’s waiver of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Company 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. Company customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.

You may not delegate your duties, assign your rights or assign this Agreement without the prior written consent of Company. Company may assign its rights under this Agreement to an individual or entity reasonably capable of fulfilling Company’s obligations under this Agreement.

If any provision of this Agreement is deemed unenforceable or void, the balance of this Agreement shall remain in full force and e”ect. You warrant that you have not been induced to execute this Agreement by any agreements or statements made by Company or its representatives as to the nature or extent of Company’s proposed exercise of any of the rights, licenses, or privileges granted to Company by this Agreement. A waiver by a party of any term or condition of this Agreement in any instance will not be deemed or construed as a waiver of such term or condition for the future or any subsequent breach thereof.

All remedies, rights, undertakings, obligations or agreements contained in this Agreement will be cumulative and none of them will limit any other remedy, right, undertaking, obligation or agreement of any party. The parties are independent contractors. This Agreement constitutes the entire agreement between Company and User relating to its subject matter, and supersedes all prior agreements between Company and User, whether oral or written, relating to its subject matter, and may not be modified except in writing signed by the parties. User shall promptly provide notice to Company of any changes to User’s contact information and payment information.

 

  1. Dispute Resolution

Company will try work in good faith to resolve any issue User has with the Website. However, Company realizes that there may be rare cases where Company may not be able to resolve an issue to a User’s satisfaction. User and Company agree that any dispute, claim or controversy arising out of or relating in any way to User’s use of the Website, including donations made and/or products and services ordered or purchased through the Website, shall be determined by binding arbitration instead of in courts of general jurisdiction.

Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, Company agrees to cooperate with Users to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court. This arbitration provision shall survive termination of these Terms and any other contractual relationship between User and Company.

USER AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both User and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with User’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Helsinki, Finland.

 

 

  1. Feedback and Claims of Infringement

Company welcomes any feedback Users have regarding the Website. Please be aware that any feedback Users provide shall be deemed non-confidential, and Company shall be free to use such information on an unrestricted basis.

If a User believes that any content appearing on the Website infringes the User’s copyright rights, Company wants to hear from the User. Please forward the following information in writing at the address listed below:

a. The User’s name, address, telephone number and e-mail address;

b. A description of the copyrighted work that the User claims has been infringed;

c. The exact URL or a description of each place where alleged infringing material is located;

d. A statement by the User that the User has a good faith belief that the disputed use has not been authorized by the User, its agent, or the law;

e. The User’s electronic or physical signature or the electronic or physical signature of the person authorized to act on the User’s behalf; and

f. A statement by the User made under penalty of perjury, that the information in the User’s notice is accurate, that the User is the copyright owner or authorized to act on the copyright owner’s behalf.

Please provide any feedback or claims of infringement to the following address:

Family In Music Oy, Leirikatu 6, 02600 Espoo, FINLAND.

 

  1. Family In Music Copyright Policy

Family In Music Oy respects the copyrights of others and expects its users to do the same. In compliance with the Digital Millennium Copyright Act as embodied in 17 U.S.C. 512 (the “DMCA“) (See:

http://www.copyright.gov/title17/92chap5.html#512), Family In Music will respond expeditiously to remove or disable access to material that is claimed to infringe copyrighted material or to be the subject of activity that infringes copyrighted material and was posted online using Family in Music.

 

  1. DMCA (The Digital Millennium Copyright Act) Notification of Claimed Infringement

If you are a copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed, please notify Family In Music of the material that is claimed to be infringing or to be the subject of infringing activity and was posted online using Family In Music by completing a DMCA notification of claimed infringement (the “Notification“) and delivering it to Family In music’s designated copyright agent (the “Copyright Agent“) as described below. It is important to emphasize that you should only submit a Notification if you own or control the copyrighted material that is claimed to be infringing because under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages.

To be effective, the Notification must be a written communication provided to the Copyright Agent that includes substantially all of the following:

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, AND information reasonably sufficient to permit Family In Music to locate the material;
  3. Information reasonably sufficient to permit Family In Musict to contact you, including your name, address, telephone number, and, if available, an email address at which you may be contacted;
  4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is the copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed; and
  6. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right under the copyright that is allegedly infringed.

Once completed, please deliver the Notification to the Copyright Agent at:

Family In Music Oy, attn: Copyright Agent, Leirikatu 6, 02600 Espoo, FINLAND. copyright@familyinmusic.com.

Upon receipt of a valid Notification, Family In Music will respond expeditiously to remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.