It is your responsibility to read these Terms of Service before using the Play.FM website ("Website") or the Play.FM application for mobile devices ("the Application"). By using the Website or the Application you consent and agree to these Terms of Service.
Please check these Terms of Service periodically for any changes. The continued use of the Website or the Application following the posting of changes to these Terms of Service will mean that you accept such changes.
The Website and the Application is owned by PLAY.FM GmbH ("Play.FM").The content and service provided on the Website or the Application including graphics, code, text products, software, audio, music and design is owned or licensed by Play.FM. Certain third party copyright materials and works are included on the Website or the Application including those works or materials belonging to licensors of Play.FM. You agree that the tracks, musical works, compositions, DJ-sets and other materials ("Play.FM Materials") are protected by international intellectual property law.
You are granted a limited, personal, non-exclusive, revocable licence to use the Website and to receive, by stream, dj sets and live recordings made available by Play.FM ("Play.FM Service"). You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Play.FM Materials, except as provided under these Terms of Service, and you agree to take all reasonable steps to prevent the unauthorised use of the Play.FM Materials.
No material from the Website may be copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of Play.FM or in the case of material licensed to Play.FM the owner of such materials. You agree not to delete, change or modify in any way the copyright notices or trade marks contained on the Website.
For the avoidance of doubt you will not obtain any ownership interest in the Play.FM Materials, the Play.FM Service or any other materials contained on the Website, whether through these Terms of Service or otherwise. You agree that your use of the Play.FM service is for your own personal use and must not be used for any commercial purpose.
You agree not to place any libellous, defamatory, illegal or offensive material on the Website.
You acknowledge that by purchasing the Application you are entering into a binding agreement directly with Play.FM as the Publisher of the Application under the rules of these Terms of Service.
Play.FM grants you a limited, personal, non-exclusive, revocable, license to use the Play.FM Service through the Application on supported mobile handsets for 1 year. During the 1 year period, listening time is unlimited.
You can:
After 1 year of unlimited use you still can use the application at a fair use level.
You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Play.FM Materials, except as provided under these Terms of Service, and you agree to take all reasonable steps to prevent the unauthorised use of the Play.FM Materials. You agree that your use of the Play.FM service is for your own personal use and must not be used for any commercial purpose.
Please be aware that the Application uses an internet connection to provide Play.FM Services. Irrespective of these agreement your internet connection may incur additional costs. The exact amount depends on whether you have a flat rate with your internet access provider or on whether you get charged by your internet access provider per minute or megabyte.
Users of the Website are offered the possibility to edit the tracklist of any DJ-set by setting markers and therefore contribute to complete the tracklist. Anyhow, Play.FM can not be held liable for the correctness of such editing work done by its users. Play.FM does not take responsability for the correct title name, artist name and/ or label name nor the correct length of a specific track within a given set. Play.FM editors have the right to overrule and re-edit any user generated content concerning track-setting. In specific cases, when users deliberatly and/or continously enter false information in the tracklist editing system, they may be banned from any future use of the Play.FM service by Play.FM editors. You agree to notify Play.FM of any such conduct which comes to your notice.
As a Play.FM account holder you may submit dj sets and textual content ("User Comments"), collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Play.FM does not warrant any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Play.FM to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Play.FM, you hereby grant Play.FM a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Play.FM Website and Play.FM's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Play.FM Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of Play.FM a non-exclusive license to access your User Submissions through the Website or the Application, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website or the Application and under these Terms of Service.
As users may upload their own DJ-sets and make it available to the public, Play.FM does require the existence of legal agreeements between the user and the DJ, label and/or organiser of the event, where the set has been recorded. Therefore Play.FM offers adequate forms on the Website.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Play.FM all of the license rights granted herein. Play.FM does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Play.FM expressly disclaims any and all liability in connection with User Submissions. Play.FM does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Play.FM will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Play.FM reserves the right to remove Content and User Submissions without prior notice.
Play.FM uses reasonable endeavours to monitor the Website but cannot be held responsible for the accuracy or reliability of any statement, opinion, or advice made on the Website or for any libellous, defamatory, illegal or offensive conduct by any customer. You agree to notify Play.FM of any such conduct which comes to your notice. You agree that Play.FM including any appointed personnel may at any time without notice:
We do our best to ensure that information on the site is correct but in no circumstance do we accept any liability whatsoever for error or omission.
You agree to indemnify, defend and hold harmless Play.FM (including its successors, subsidiaries, agents, affiliates, partners and licensors) against all claims, damages, costs or other expenses which arise directly or indirectly out of or from your unauthorised use of the Website, the Application, the Play.FM Materials, the Play.FM Service and any other materials provided by Play.FM (either on the website or by the Application).
Your right to use the Play.FM services will be suspended or terminated immediately without notice by Play.FM if you fail, in Play.FM´s opinion, to comply with any term or provision of these Terms of Service. On termination you must destroy all materials and associated documentation obtained from the Website and all copies of such materials.
There will be occasions when the Website or Play.FM services will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that Play.FM shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website. Play.FM is not responsible for any disruption whatever inherent in the operation of the Internet and World Wide Web including viruses or otherwise.
These Terms of Service (as revised from time to time) and associated information contained on the Website contain the full and complete understanding between the parties and supersede all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Terms of Service. Play.FM reserves the right to amend and/or vary these Terms of Service from time to time in its entire discretion.
These Terms of Service and all representations, obligations, undertakings and warranties contained in it shall enure for the benefit of any successor and assignees of Play.FM
These Terms of Service and any contracts made under them shall be governed by and construed in accordance with the laws of Austria with the exclision of conflict of laws rules.
The courts in Vienna (Austria) shall have jurisdiction for all matters between you and Play.FM arising out of or in connection with the services under these terms.
