FairPlay.fm Terms of Use

Effective as of 1 November 2019

Hello, and welcome to Fairplay.FM’s Terms and Conditions of Use. We are sorry to burden you with reading all this detail and we know what a pain it will be - just be glad you didn’t have to write it - but this is an important read. It affects your legal rights, so please take the time to read them along with our Privacy Policy and other terms referenced and mentioned in this document carefully, as this is all about protecting you, a new member of our community. 

So, grab a cup of tea or coffee, strap yourself in comfortably for the long haul, make sure you’re listening to some great music and off we go…

1 Introduction
2
Changes to the Agreements
3
Enjoying Fairplay.FM
4
Rights we grant you
5
Third Party Applications
6
Artist/subscriber-Generated Content
7
Rights you grant us
8
Subscriber guidelines
9
Infringement and reporting Artist/Subscriber Content
10
Service limitations and modifications
11
Brand Accounts
12
Fairplay.FM Support Community
13
Customer support
14
Export control
15
Payments, cancellations, and cooling off
16
Term and termination
17
Warranty and disclaimer
18
Limitation
19
Third party rights
20
Entire agreement
21
Severability and waiver
22
Assignment
23
Indemnification
24
Choice of law, mandatory arbitration and venue
25 Contact us

1 Introducing You to Us:

Thank you so much for choosing Fairplay.FM (From now on you may see us using the terms “Fairplay.FM”, “we”, “us”, “our” when referring to ourselves, but they all mean the same thing). Fairplay.FM is about providing a fairer, financially balanced and creatively sustainable musical community. By signing up to using the services on the Fairplay.FM platform, websites, and other software applications provided by us, or accessing any content or material that is made available to you by us (there you go, first use of an alternative reference) and explained in this “Content,” you are entering into what we call a binding contract with Fairplay.FM at our location indicated at the bottom of this document. What that basically means, is that we and you have a legal responsibility to each other which mean the laws in the countries where we are listened to, can make sure that we mutually fulfill those responsibilities and commitments. 

Our commitment to you will also include the launch of a Fairplay.FM Inclusive and Interactive Community which we will tell you more about in section 12 of this document, though to access our platform will require you to have several technical requirements.

The agreement we have between us includes these Terms and Conditions which you are now reading and which we will now refer to as (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Whole Agreement section, are what we refer to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Fairplay.FM’s website. 

To become a member of our community you will have to acknowledge that you have read and understood the Agreements, accept what these Agreements have to say and agree to follow and be bound by them. If you don’t agree with, or cannot comply with the Agreements, then unfortunately we won’t be able to consent to you using the Fairplay.FM Platform or enable you to access or consume any of our content. 

We would be very sad to have to refuse you the chance to become an inclusive member of the Fairplay.FM community but if you look back at the very beginning of the agreement you will remember that this is all about us protecting each other and through your acceptance of the agreements allows us to do this for each other.

So, we do need you to read the Agreements carefully. They cover important information about the Fairplay.FM’s features provided to you and any charges, taxes, and fees we bill you which will be necessary to join our community. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and the resolution of disputes by arbitration instead of in court.

If you have made a mistake or found you have provided inaccurate or out of date information at any point during the sign-up process, this can be corrected by returning to the previous screens and correcting erroneous information.

It is Fairplay.FM’s intention to be as accessible as possible to everyone who wishes to listen to artists whose music is on our platform. Unfortunately, there are laws around the world which we all have to abide by before we can let you loose on Fairplay.FM’s Service and before you can access the content you would wish to listen to. 

Now, in the UK you must be 18 or older to make your own choices and decisions or be 13 or older and have your parent or guardian’s consent to the Agreements. You, or your parents or guardians, also need to have the power to enter a binding contract with us on your behalf and not be barred from doing so under any applicable laws. It may seem obvious to say but you will need to be resident in a country where the Service is available on our platform. You must also guarantee that any registration information that you submit to us at Fairplay.FM is true, accurate, and complete, and you always agree to keep it current and up to date and to let us know if any of this information changes.

We really welcome to Fairplay.FM, subscribers from other countries and in keeping with our policy and plans to make Fairplay.FM as inclusive as possible we wish to have as international an audience of musicians and listeners as possible. The thing is, some countries have different laws about at what ages you can subscribe and if you are a resident of one of the following countries listed below then please reference this chart for your country-specific age requirements and restrictions: If your country is not listed then it will be your responsibility to check the legal age for independent subscription and for you to abide by it. Fairplay.FM will not be held accountable for fraudulent declarations of age.

Country

Age Requirements

Chile, Ecuador, Paraguay, Peru

Must be 18 or older or be 15 or older and have obtained parent or guardian consent.

Brazil

Must be 18 or older or be 16 or older and have obtained parent or guardian consent.

Nicaragua, Taiwan

Must be 20 or older or be 13 or older and have obtained parent or guardian consent.

Bulgaria, Hungary, Germany

Must be 18 or older or be 14 or older and have obtained parent or guardian consent.

Italy

Must be 18 or older or be 13 or older and have parent or guardian consent (your parents/guardians will enter into the contract on behalf of you).

Malaysia

Must be 18 or older, or if 13 to 18, parent or guardian consent is required, and guardian enters into agreement.

Lithuania

Must be minimum age of 13 to access the platform and for paid subscriptions be18 or older or be 14 or older with parent or guardian consent. 

Canada

Must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent.

Spain

Must be 18 or older or be 14 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you).

2 Changes to the Agreements

It may from time to time occasionally be necessary, or at our discretion that we choose or need to make changes to the Agreements. When we make major material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, as to what we have done and why we needed to do it. We will make sure we display a prominent notice either within the Fairplay.FM features or by sending you an email telling you all about it. In some cases, we will notify you in advance, and your continued use of the Fairplay.FM features after the changes have been made will be understood by us that you are accepting the changes and you are happy to remain as part of the Fairplay.FM family. Sorry to keep having to remind you about this, but please therefore make sure you read any such notice very carefully. If, having read the changes to the agreement, you really can’t accept the changes we are proposing and you do not wish to continue accessing the Fairplay.FM Platform under the new version of the Agreements, you may terminate the contract by contacting us and terminating your subscription through the normal cancellation procedures which are on our website.

3 Enjoying FairPlay.FM

We really want you to enjoy being part of the Fairplay.FM community and here is some information about all the ways you can enjoy listening to your playlists on our platforms.

3.1 Our Features: 

Fairplay.FM provides a streaming facility offering a wide selection of music genres with a clear intent to engage as many subscribers to join our community as possible. Membership of the Fairplay.FM community and our features are not provided to you free-of-charge as the major philosophy behind our site is to support musicians, reward them fairly for their efforts and to help keep music live and bands in place to develop their talent. 

In future other Fairplay.FM features will come on-line and you will be informed as to how you can access them. The Fairplay.FM features may be accessed free of charge for a limited trial period after which payment must be made which is currently referred to as “Paid Subscriptions.” The Fairplay.FM Platform will provide continuous uninterrupted listening that does not require you to do anything other than activate your chosen subscription and ensure you have the tech capabilities to stream. You can learn more about how our features operate by visiting Fairplay.FM’s website.

If you cancel your subscription to the Fairplay.FM Platform, or if your subscription to our Platform is interrupted (for example, if you change your payment details), you may unfortunately lose your access to future Coins until you have taken steps to re-activate your account but you will be most welcome back. Please note that should any Fairplay.FM feature be discontinued in the future; you will no longer be charged for that service.

If you reside in Turkey, your access to the Fairplay.FM platform may be limited to a fixed number of listening hours per month due to ever changing government regulations.

3.2 Codes and other pre-paid offers

From time to time, Fairplay.FM may initiate some pre-paid offers or special deals which require an access code. If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by, or on behalf of Fairplay.FM which results in the recipient gaining access to a Paid Subscription (“Code”), separate terms and conditions to these main ones, along with the authorization code may also apply. The recipient must agree to comply with any such terms and conditions before accessing the offer.

3.3 Trials

From time to time, we at Fairplay.FM, or others on our behalf, may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Although we would always wish to keep you informed of any reasons, in some circumstances, Fairplay.FM reserves the right, at our absolute discretion, to determine your eligibility for a Trial, and subject to applicable laws, withdraw, cancel, suspend or modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

This next bit is important which is why it is CAPITALS and BOLD!!

For some Trials, particularly an initial trial, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, UNLESS YOU TAKE STEPS TO OPT OUT, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. 

BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS AND IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR FAIRPLAY.FM ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR FAIRPLAY.FM ACCOUNT BEFORE THE END OF THE TRIAL. (REMEMBER YOU HAVE TO TAKE THESE STEPS TO OPT OUT)

IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR FAIRPLAY.FM ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. 

PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, FAIRPLAY.FM WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. 

THE LIMITATION SECTION EXPLAINS ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.

4 What Are Your Rights? 

Whatever content Fairplay.FM put onto our platform is and will always remain the property of Fairplay.FM or our licensors. What you are gaining when you subscribe and join the Fairplay.FM community is a limited, non-exclusive, revocable (that means it can be taken back) license to make use of the Fairplay.FM Platform and Features, along with a limited, non-exclusive, revocable license to enjoy personal, non-commercial, entertainment use of the content by enjoying possession of the “License.” 

This License shall remain yours and in effect, until either you or we terminate the license. We hope that we would never have to terminate a license and would only do so if you were in serious breach of any of the clauses listed in paragraph 1 of this section, but we trust that by accepting these terms, you agree that you are using the content of your playlists for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Fairplay.FM services or content to any other individual or third-party commercial entity. Sorry if all that sounds a bit harsh, but this is to ensure we protect all the hard work which has been put into providing our Platform, that we protect the integrity of the music of our artists and of course the listening experience of our subscribers.

All the Fairplay.FM software applications and the content on our Platform are licensed, not sold, to you. Fairplay.FM and any licensors which we alone appoint, retain ownership of all copies of the Fairplay.FM software applications and content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant listening devices.

Fairplay.FM trademarks, service marks, trade names, logos, domain names, and any other features of the Fairplay.FM brand (“Brand Features”) which we subsequently develop are the sole property of Fairplay.FM or our licensors. The Agreements do not grant you any rights to use any Fairplay.FM Brand Features for commercial or non-commercial use without our express permission.

You, as a Fairplay.FM subscriber, agree to abide by our subscriber guidelines and not to use the Fairplay.FM service, the content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Fairplay.FM grants no right, title, or interest to you in the Fairplay.FM Platform or our content.

Third party software (for example, open source software libraries) included in the Fairplay.FM features are licensed to you either under all the Agreements published in these Terms and Conditions or under the relevant third party software library’s licence terms as published in the help or settings section on our website or app.

5 Third Party Applications

On occasions and as Fairplay.FM develops new features and opportunities and when activated, they may well be integrated with third party applications, websites, and services, which we will now refer to as “Third Party Applications.” This may take the form of activities and information from other companies or websites and these are the “Third Party Providers.” To make available the content, products, and/or services to you, these Third-Party Applications may have their own terms and conditions of use and privacy policies which you will need to read and accept. 

Your use of these Third-Party Applications will be governed by and subject to their dedicated terms and conditions and privacy policies, and you must understand and agree that Fairplay.FM does not endorse nor are we responsible or liable for the behaviour, features, or content of any Third-Party Application, or for any transaction you may enter into with the provider of any such Third Party Applications. WE KNOW IT’S A FURTHER PAIN, BUT YOU SHOULD READ THROUGH ANY ADDITIONAL TERMS AND CONDITIONS WHICH RELATE TO A THIRD-PARTY ENTITY WHOSE SERVICES YOU WISH TO ACCESS THROUGH FAIRPLAY.FM’S PLATFORM.

6 Artist/Subscriber-Generated Content

Fairplay.FM would not exist without our Artists and Subscribers and we actively encourage you to post, upload, and/or contribute (“post”) content to our platform (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“Artist/Subscriber Content”). Fairplay.FM has previously stated that it is our intention to be fully inclusive and to integrate all members and subscribers into our community. However, for the avoidance of doubt, “Artist/Subscriber Content” includes any such content posted to any Fairplay.FM community pages as well as any other part of the Fairplay.FM Platforms which will be publicly accessible and visible.

You guarantee that, with respect to any Artist/subscriber Content you post on Fairplay.FM’s platforms, the following conditions apply.

  1. You have the legal right to place any content on Fairplay.Fm’s platform providing,

 

  1. Any such content, or its use by us at Fairplay.FM as outlined and published by the Agreements, does not violate these Agreements, applicable relevant law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your  content by Fairplay.FM or any artist, band, label, entity or individual without express written consent from such individual or entity.

From time to time, Fairplay.FM may, but has no obligation to monitor, review, or edit all Artist/Subscriber Content. In all cases, Fairplay.FM reserves the right to remove or disable access to any Artist/Subscriber Content for any or no reason, including but not limited to,  Content that, in Fairplay.FM’s sole discretion, violates the Agreements as outlined in section 1 (Introducing You To Us) and section 8 (Artist/Subscriber Guidelines) Fairplay.FM reserves the right to take these actions without prior notification to you or any third party. Removal or disabling of access to Artist/Subscriber Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific Artist/Subscriber Content.

Therefore, you are solely responsible for all Artist/Subscriber Content that you post. Fairplay.FM is not responsible, nor under any circumstances will be responsible for Artist/Subscriber Content nor do we endorse any opinion contained in any Artist/subscriber Content. 

YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST FAIRPLAY.FM RELATED TO ARTIST/SUBSCRIBER CONTENT THAT YOU, A SUBSCRIBER OR ARTIST POST ON OUR PLATFORM, THEN TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD FAIRPLAY.FM  HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE SOLICITOR/BARRISTER AND LEGAL REPRESENTATIVE FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

7 Rights you grant us

In consideration for the rights granted to you by Fairplay.FM under the Agreements, you in turn, will agree to grant us the following rights:

 (1) To allow the Fairplay.FM Platform to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Fairplay.FM Features. 

(2) In the event that Fairplay.FM decides to allow advertising which meets our ethical standards, you will further allow us to provide advertising and other information to you. 

(3) To allow our selected business partners to do the same. 

In any part of the Fairplay.FM Features, the Content you view, including its selection and placement, maybe, but is not necessarily influenced, by commercial considerations, including agreements with third parties but in all cases designed to provide maximum benefit to our artists. Some Content licensed or provided to Fairplay.FM (for example, podcasts) may contain advertising as part of the Content. In such cases, Fairplay.FM will be required to make such Content available to you unmodified or in an edited form as agreed by the advertisers.

If you provide feedback, ideas or suggestions to Fairplay.FM in connection with the Fairplay.FM Platform or Features and Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorise Fairplay.FM to use that Feedback without restriction and to the benefit of other subscribers without payment to you. Feedback is considered a type of Artist/Subscriber Content.

If you place work onto the Fairplay.FM platform, you grant Fairplay.FM a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years). This is an irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your Artist/Subscriber Content in connection with the Features through any medium. This applies whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. 

PHEW!! DID YOU GET ALL THAT? HAVE A COFFEE AND READ THAT BIT AGAIN!

Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the Artist/Subscriber Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any Artist/Subscriber Content, including Feedback, and your right to object to derogatory treatment of such Artist/Subscriber Content.

8 Artist/Subscriber guidelines

Having spent a long time observing our technical team beavering away to bring the Fairplay.FM platform to you, you can imagine that consequently, Fairplay.FM respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Features, to make sure Fairplay.FM stays true to our principles and remains enjoyable for everyone who subscribes to our community. Please follow these rules and encourage other Artists/Subscribers to do the same.

We regret that the following actions are not permitted for any reason whatsoever:

We ask that you respect Fairplay.FM, the owners of the Content, and other Artists/Subscribers of the Fairplay.FM platform. Respect and inclusivity are at the core of our philosophy and Fairplay.FM will not permit you to engage in any activity, post any Artist/Subscriber Content, or register and/or use a log in name, which is, or includes, material that is in flagrant breach of the following standards:

Fairplay.FM requires that you acknowledge and agree that posting any such Artist/Subscriber Content may result in immediate termination or suspension of your Fairplay.FM account. You also agree that Fairplay.FM may also reclaim your log in name for any reason.

Please be thoughtful about how you use the Fairplay.FM Features and what you share with our community subscribers. The Fairplay.FM Features include, or will in the future include, additional social and interactive features, including the ability to post Artist/Subscriber Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other Artists on Fairplay.FM or across the web, so please use Fairplay.FM carefully and be mindful of your account settings to minimise any negativity, ridicule or embarrassment directed at yourself. Fairplay.FM has no responsibility for your selection of material which you choose to post on the Platform.

Your choice of password protects your Artist/Subscriber account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your log in name and password to and on the Platform. If your log in name or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately, we will act upon it but you will need to change your password as soon as possible to maintain your privacy and If you lose your password you will be able to request a reset via providing us with some other basic identifying information. By accepting these Agreements, you also ensure our use of this password recovery system.

9 Infringement and reporting Artist/Subscription Content

As mentioned earlier, Fairplay.FM respects the rights of intellectual property including that of the owners of material uploaded to our platform. If you believe that any Content infringes your intellectual property rights or other rights and if Fairplay.FM is notified by a copyright holder that any Content infringes a copyright, Fairplay.FM may at its absolute discretion take actions without prior notification to the provider of that Content. 

If the provider believes that the content is not infringing, the provider may submit a counter-notification to Fairplay.FM along with a justification as to why the Content should not be considered an infringement and request Fairplay.FM to restore the removed content. The justification statement in no way obliges Fairplay.FM to restore the disputed Content.

If you believe that any Content on our platform does not comply with the Artist/Subscriber guidelines, please contact our client liaison desk..

SO, HOW ARE YOU DOING SO FAR? PROBABLY ABOUT TIME TO GET A TEA/ COFFEE TOP UP AND SETTLE DOWN FOR THE FINAL LEG!! NOT TOO FAR TO GO NOW!

10 Features access, limitations and modifications

Fairplay.FM hope that there will be no breakdowns in access or Features limitations and any modifications will always be an attempt to enhance everything we do at Fairplay.FM. Consequently, we will make every reasonable effort to keep our platform operational and providing consistent playtime to all our subscribers. However, certain unforeseen and unplanned technical difficulties or planned or emergency maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Fairplay.FM reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of our platform. These changes will be undertaken with or without notice, but all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Fairplay.FM Platform or any function or feature thereof. 

Notwithstanding the foregoing (in other words, legal speak for what you have just read above), if you have prepaid fees for Paid Subscriptions that Fairplay.FM permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), we will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Fairplay.FM has no obligation to maintain, support, upgrade, or update our platform, or to provide all or any specific content through the Features. This section will be enforced to the extent permissible by applicable law. Fairplay.FM and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

11 Brand Accounts

Currently, Fairplay.FM is not seeking to open or facilitate the opening of “Brand Accounts” but as our platform grows and establishes itself, then this is something we would seriously intend and be required to consider. Therefore, if this were to happen and if you establish a Fairplay.FM account on behalf of a company, organization, entity, or brand, the terms “you” and “your” as used throughout the Agreements, apply to both you and the Brand.

If you choose to open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licences provided in the Agreements and to bind the Brand on whose behalf you are opening the account to the Agreements.

The above description of Brands refers to corporate and commercial entities only and points 11.1 to 11.4 are intended to govern the activities of commercial brands. In the case of artists these clauses will not apply. Artists uploading or removing tracks onto the platform is a free activity and is essential for building playlists. To avoid any confusion, artists only may stream media for commercial purposes with the express permission of any brand they represent and to support their music for the express purpose of generating income for the artist/band.  

11.1 Following

The Brand may only follow Artists/Subscribers who first follow the Brand; and the Brand may not take any action that implies an endorsement or relationship between the Brand and the followed Artist/Subscriber, unless the Brand has independently obtained the rights to imply such an endorsement. Upon Fairplay.FM’s request, under our sole discretion, a Brand must cease following an Artist/Subscriber.

11.2 Listening

The Brand may not stream any media initiated by the Brand or on behalf of an associate of the Brand.

11.3 Messaging

The Brand may only send messages to Artists/Subscribers who first send messages and contact the Brand. Brand soliciting of followers from Fairplay.FM’s subscribers is strictly forbidden.

11.4 Brand Playlists and Sharing

The Brand may not create or share any Fairplay.FM playlists, whether within the Fairplay.FM Platform or elsewhere, that imply an endorsement or relationship between the Brand and any artist or any other party using the Features, unless the Brand has independently obtained the rights to imply such an endorsement. 

12 Fairplay.FM Inclusive and Interactive Community

Currently Fairplay.FM has a detailed Question and Answer section which allows information and tips to be shared and hopefully any queries, problems or challenges found using our platform can be answered. At this stage of our development Fairplay.FM also has an interactive page which we will shortly be activating where subscribers will be able to contact us and engage personally.

Our support site will be the place where initial discussions and exchanges of information, tips, and other materials related to the Fairplay.FM Platform can take place. It may seem an obvious statement but in order to use the Fairplay.FM Platform, you must have an existing Fairplay.FM account; and be prepared to authenticate your Fairplay.FM account for access and use on the interactive page. In order to upload material or access it from the uploads page you will be agreeing to these Terms and Conditions, without this acceptance (implied by your upload) we regrettably we cannot accept your upload.

12.1 Our Interactive Page

We must inform you that it is strictly prohibited to post or include information on the interactive page that suggests that you are a Fairplay.FM employee or that you have any official or indeed unofficial role in Fairplay.FM’s management or to otherwise pose as such an employee or advisor when using the Fairplay.FM interactive page. You also acknowledge and agree that Fairplay.FM may remove or reclaim your log in name at any time if Fairplay.FM in its absolute discretion considers such action appropriate as a result of a breach of the conditions of use of the interactive page.

12.2 Official Support Explained

No Artist/Subscriber content or other content posted by Fairplay.FM staff or representatives that appears on the Fairplay.FM interactive page should be construed as official support provided by Fairplay.FM. For details regarding official support, see the section Customer Support. Any content provided or made available to you on the Fairplay.FM interactive page by Fairplay.FM staff or representatives is provided on an “as is” basis without warranties of any kind.

You acknowledge that opinions expressed in Artist/Subscriber content on the Fairplay.FM interactive page and platform are those of contributors of such Artists/Subscribers content only and do not reflect the opinions or policies of Fairplay.FM or any of its shareholders, staff, agents, directors, subsidiaries, affiliates, suppliers, or licensors.

13 Customer support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit your query to our client liaison department using the interactive, help or FAQ’s section on our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

14 Export Controls

By definition, Fairplay.FM can be accessed from any country where access to the World Wide Web is possible. Therefore, any commercial website activity which can be accessed through the World Wide Web will be subject to the legal requirements of the countries which has access to the website or features and from time to time amendments by country’s policies may change their legal requirements. You acknowledge that these amendments will be beyond Fairplay.FM’s control.  

Fairplay.FM’s products and features may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions and countries, specifically including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Fairplay.FM under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.

OK. SO, YOU ARE PROBABLY LOOKING AT THE ABOVE TWO PARAGRAPHS AND WONDERING EXACTLY WHAT YOU ARE GETTING YOURSELF INTO, BUT DON’T PANIC. THE REASON THAT THESE PARAGRAPHS ARE HERE IS BECAUSE SADLY, IN THE TROUBLED WORLD WE LIVE IN, THE ACTIONS OF SOME COUNTRIES BRING ABOUT REACTIONS BY OTHERS, OFTEN IN THE FORM OF SANCTIONS. DUE TO APPROVED INTERNATIONAL LAW, BREAKING THESE SANCTIONS CAN CAUSE A LOT OF TROUBLE AND WE AT FAIRPLAY.FM NEED TO MAKE YOU AWARE OF THINGS NOT TO DO. IF YOU FEEL THE NEED TO READ FURTHER ON THIS, THEN GO TO WWW.BIS.DOC.GOV>INDEX.PHP>REGULATIONS 

15 Payments, cancellations, and cooling off

Paid Subscriptions for a Fairplay.FM account can be purchased on our site with payments processed through our payment partners at PayPal. We have chosen this format as it provides virtually international coverage and is a popular, familiar and trusted feature for many people who have previous experience of using PayPal and are secure in the knowledge that their payments and details are kept private. In addition, the PayPal service allows us to comply with our philosophy of rapid payment to our artists. To assist you with your listening choices, Fairplay.FM offer each subscriber a ten second listening pre-view to each track before making a final decision as to whether to listen to the track in its entirety. This is a FREE feature for our subscribers and artists need to be aware and agree to the fact that this feature does not constitute a played track whereby generating entitled income for the ten second pre-view. 

Our subscribers will directly from our website and through our PayPal portal be able to: 

(1) Pay a monthly subscription fee; or 

(2) Undertake pre-payment giving you access to the Fairplay.FM Platform for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the features offered on the platform.

When you register for a Paid Subscription, Trial, or Code online, (Trials and Coded offers are entirely at Fairplay.FM’s discretion and should not be deemed or interpreted to be a right) you consent to gaining access to the Fairplay.FM Platform and we in turn will give you access to our platform immediately upon payment of your preferred subscription or as soon as is technologically possible. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the Fairplay.FM Platform (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed Fairplay.FM at any time or used any Coins to listen any playlist during the Cooling-off Period.

Unless your Paid Subscription has been purchased as a Pre-Paid block Period, your payment to Fariplay.FM will automatically renew at the end of the monthly subscription period, unless you cancel your Paid Subscription through our subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will very regrettably be denied listening privileges despite   further access to the Fairplay.FM Platform. However, as soon as your subscription is received you will be re-instated onto the platform and your enjoyment of Fairplay.FM’s playlist selection will continue uninterrupted. If you cancel your payment or Paid Subscription and/or terminate any of the Agreements

(1) After you have accessed Fairplay.FM during the Cooling-off Period, or

(2) After the Cooling-off Period is over (if and where applicable or possible), or 

(3) Before the end of the current subscription period, we will not be in a position to refund any subscription fees already paid to us. The refund method will depend upon the payment method but will usually be through our PayPal account.

If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must refer to our Help and FAQ’s page.

Fairplay.FM may change the price for our Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you are accepting the new price by continuing to use the Fairplay.FM Platform after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Fairplay.FM Platform prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

16 Term and termination

We at Fairplay.FM hope never to be in the position to have to terminate a member’s subscription or have a member voluntarily terminate their subscription, but should we have to then the Agreements will continue to apply to you until terminated by either you or Fairplay.FM. 

However, you acknowledge and agree that the perpetual license granted by you in relation to Artist/Subscriber Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Fairplay.FM may terminate the Agreements or suspend your access to the Fairplay.FM platform at any time, including in the event of your actual or suspected unauthorised use of the Fairplay.FM Platform and/or Content, or non-compliance with the Agreements. If you or Fairplay.FM terminate the Agreements, or if Fairplay.FM suspends your access to the Fairplay.FM Platform, you agree that Fairplay.FM shall have no liability or responsibility to you and Fairplay.FM will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. 

To learn how to terminate your Fairplay.FM account, please contact us through the Interactive page which is available on our web site. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time provided a minimum of 7 working days are allowed, otherwise that payment will be taken and your contract will be terminated at the end of the final day of the following month.

Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

HERE WE GO AGAIN! BOLD SCRIPT AND CAPITALS, SO IT MUST BE IMPORTANT! 

17 Warranty and disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST PLATFORM WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE FAIRPLAY.FM PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WHICH MEANS, WITHOUT STATING THE OBVIOUS, THAT YOU ARE CHOOSING TO SUBSCRIBE ON THE BASIS OF WHAT YOU SEE AND HEAR AT THE MOMENT YOU CONFIRM YOUR SUBSCRIPTION. FAIRPLAY.FM DOES NOT EITHER EXPRESSLY STATE OR IMPLY A WARRANTY OR CONDITION OF ANY KIND. 

YOU USE THE FAIRPLAY.FM PLATFORM AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAIRPLAY.FM AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER FAIRPLAY.FM NOR ANY OWNER OF CONTENT WARRANTS THAT THE FAIRPLAY.FM PLATFORM IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS THOUGH WE ARE CONSTANTLY TAKING STEPS TO TRY TO PREVENT SUCH INFECTIONS. IN ADDITION, FAIRPLAY.FM MAKES NO REPRESENTATION, NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), ARTIST/SUBSCRIBER CONTENT, OR ANY OTHER PRODUCT OR FEATURE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE FAIRPLAY.FM PLATFORM OR ANY HYPERLINKED WEBSITE. YOU UNDERSTAND AND AGREE THAT FAIRPLAY.FM IS NOT RESPONSIBLE NOR WILL BE LIABLE, FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THIRD-PARTY APPLICATIONS OR PRODUCTS OR FEATURES PLACED ON OR THROUGH THE FAIRPLAY.FM PLATFORM. FOLLOWING GOOD PRACTICE INVOLVING ANY PURCHASE OF A PRODUCT OR FEATURE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM FAIRPLAY.FM SHALL CREATE ANY LEGAL WARRANTY ON BEHALF OF FAIRPLAY.FM IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

ALL THIS BEING SAID IT IN NO WAY AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.

18 Limitation

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE FAIRPLAY.FM LATFORM AND FEATUFRES IS TO UNINSTALL ANY FAIRPLAY.FM SOFTWARE AND TO STOP USING THE FAIRPLAY.FM PLATFORM AND FEATURES. THIS DOES NOT AFFECT YOUR ABILITY TO SEEK ASSISTANCE THROUGH OUR HELP PAGE, INCLUDING SUBITTING ENQUIRIES TO OUR TEAM.

WHILE FAIRPLAY.FM ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO FAIRPLAY.FM, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS ,OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS THAT YOU ACCESS FROM OUR PLATFORM AND TO TREAT THEM IN THE SAME WAY AS YOU WOULD REGARDING DISATISFACTION WITH THE FAIRPLAY.FM PLATFORM..

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT OR UNDER ANY CIRCUMSTANCES, WILL FAIRPLAY.FM, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES;

 (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR SUSCRIBER INABILITY TO USE THE FAIRPLAY.FM PLATFORM, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER FAIRPLAY.FM HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR

 (3) AGGREGATE (MEANING COMBINING SEVERAL SEPARATE ELEMENTS) LIABILITY FOR ALL CLAIMS RELATING TO THE FAIRPLAY.FM PLATFORM, THIRD PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO FAIRPLAY.FM DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

However, nothing in the Agreements removes or limits Fairplay.FM’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

19 Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Fairplay.FM and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person other than a subscriber or Fairplay.FM.

20 Entire agreement

Fairplay.FM has no intention to deviate from any of the aspects of this entire agreement but in following our ethos of inclusivity, if you strongly feel that you as an individual and not on behalf of a group, should have some exception to this agreement or parts of this agreement, then it must be explicitly agreed upon in writing between you and Fairplay.FM  Other than as stated in this section or as, the Agreements outline, they constitute all the terms and conditions agreed upon between you and Fairplay.FM and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that other aspects of your use of the Fairplay.FM Platform may be governed by additional agreements. That could include, for example, access to the Fairplay.FM Platform by way of an authorised Fairplay.FM Feature as a result of a gift card or free or Fairplay.FM initiated discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

21 Severability and waiver

Unless as otherwise stated in the Fairplay.FM’s Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall only affect the clauses considered invalid or unenforceable  and not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements. The application of that provision shall be enforced to the extent permitted by law.

Any failure by Fairplay.FM or indeed any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive Fairplay.FM’s or the applicable third-party beneficiary’s right to do so.

22 Assignment

Fairplay.FM may assign the Agreements or any part of them, and Fairplay.FM may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

23 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Fairplay.FM harmless from and against all damages, losses, and expenses of any kind (including reasonable Solicitor/Barrister and legal representative fees and costs) arising out of:

 (1) Your breach of this Agreement; 

(2) Any Artist/Subscriber Content; 

(3) Any activity in which you engage on or through the Fairplay.FM Platform and 

(4) Your violation of any law or the rights of a third party.

24 Choice of law, mandatory arbitration and venue

24.1 Governing Law / Jurisdiction

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.

Further, you and Fairplay.FM agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). (In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well. This is indicated in the chart as well.) Fairplay.FM reserves the right to alter the jurisdiction of the court should the company’s Headquarters or other offices of the company move to another country and jurisdiction. This will be done at the discretion of Fairplay.FM and does not affect the company’s commitment to upholding the Agreements.

Country

Choice of Law

Jurisdiction

Poland, Italy

Laws of United Kingdom

Exclusive; Courts of Local Country

Turkey

Laws of United Kingdom

Non-exclusive; Courts and other tribunals in the Republic of Turkey

Brazil

Laws of United Kingdom

Exclusive; State and Federal Courts of São Paulo, State of São Paulo, Brazil

Canada

Laws of the Province of Ontario

Exclusive; Courts of Ontario, Canada

United States, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay

State of California, United States

Exclusive; State and Federal Courts of San Francisco County, CA or New York, NY

Estonia, Hong Kong, Latvia, Lithuania

Laws of United Kingdom

Exclusive; Courts of United Kingdom

Spain

Laws of Spain

Exclusive; Courts of the consumer’s current domicile in Spain.

All remaining countries

Laws of United Kingdom

Exclusive; Courts of United Kingdom 

Fairplay.FM does not accept any codes of conduct as mandatory in connection with the features provided under these Agreements.

24.2 CLASS ACTION WAIVER

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FAIRPLAY.FM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Fairplay.FM agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

24.3 ARBITRATION

If you are located, based, have offices in, or do business in a jurisdiction in which this Section 24.3. is enforceable, the following mandatory arbitration provisions apply to you:

24.3.1 Dispute resolution and arbitration

Obviously we hope this never happens between us, but you and Fairplay.FM agree that any dispute, claim, or controversy between you and Fairplay.FM arising in connection with or relating in any way to these Agreements or to your relationship with Fairplay.FM as an Artist/Subscriber of our Platform (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including Solicitor/Barrister and legal representative fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

24.3.2 Exceptions

Notwithstanding clause (24.3.1) (once again legal speak for what you just have read above), you and Fairplay.FM both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to 

(1) Bring an individual action in small claims court, 

(2) Pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, 

(3) Seek injunctive relief in a court of law, or 

(4) File a suit in a court of law to address intellectual property infringement claims.

24.3.3 Arbitration rules

Either you or we at Fairplay.FM may start arbitration proceedings. Any arbitration between you and Fairplay.FM will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.

Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the United Kingdom without regard to choice or conflicts of law principles.

24.3.4 Time for filing

Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

24.3.5 Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or courier company (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (This will be understood to be the "Notice"). 

Fairplay.FM’s address for Notice is our registered office: Fairplay.FM Attn: Client Liaison Director, Fairplay.FM Ltd. 120 Cavendish Place EASTBOURNE BN21 3TZ UNITED KINGDOM

 The Notice must: 

(1) Describe the nature and basis of the claim or dispute; and 

(2) Set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Fairplay.FM may commence an arbitration proceeding. 

During the arbitration, the amount of any settlement offer made by you or Fairplay.FM shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Fairplay.FM shall pay you:

(1) The amount awarded by the arbitrator, if any, or

(2) The last written settlement amount offered by Fairplay.FM in settlement of the dispute prior to the arbitrator’s award, or 

(3) $1,000.00, whichever is greatest. 

All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Fairplay.FM shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.

24.3.6 Modifications

In the event that Fairplay.FM makes any future change to this arbitration provision (other than a change to Fairplay.FM's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Fairplay.FM's address for Notice, in which case your account with Fariplay.FM will regrettably be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.

24.3.7 Enforceability

If the class action waiver at Section 24.2 of the Agreements is found to be unenforceable in arbitration or if any part of this Section 24.3 is found to be invalid or unenforceable, then the entirety of this Section 24.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any action arising out of or related to the Agreements.

25 Contact us

If you have any questions concerning the Fairplay.FM Platform or the Agreements, please contact Fairplay.FM using either our FAQ’s or by visiting the interactive help page on our website.

WELL DONE, YOU GOT THERE AND THIS IS TRULY THE END!!!! WE DO HOWEVER SUGGEST THAT YOU REVISIT OUR TERMS AND CONDITIONS FROM TIME TO TIME AS THEY WILL CHANGE AS WE BRING NEW FEATURES ON BOARD FOR YOU TO ENJOY. 

WE WILL OF COURSE LET YOU KNOW THAT SOMETHING HAS HAPPENED - HOPEFULLY ALL OF IT GOOD - BUT THESE NOTIFICATIONS MAY WELL LEAD YOU TO A SHORT RE-VISIT OF THE TERMS AND CONDITIONS TO FAMILIARISE YOURSELF WITH THE CHANGES WHICH HAVE OCCURRED.

Thank you for reading our Terms and Conditions. We hope you enjoy your Fairpay.FM experience and benefit from membership of our community!

Contract us at our Registered UK Office:

Fairplay.FM Ltd, 120 Cavendish Place, EASTBOURNE, BN21 3TZ, UNITED KINGDOM