TERMS & CONDITIONS

Effective January 1, 2013

LICENCE TERMS AND CONDITIONS - APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS

These terms and conditions ("Terms") set out important information regarding the rights, obligations and the restrictions that may apply to you as a user ("User") when you access our website at http://www.artist-radar.com ("Website") and/ or access, use or download the Artist Radar digital application ("Application") and any services offered in conjunction with the Artist Radar digital application ("Services") as they are made available on various digital media devices, such as PDAs, cell phones, handheld devices or PCs, ("Devices"), and networks, such as those of mobile operators, internet service providers or cable operators ("Networks"). The Application is a digital application that facilitates the use of Services, which generally consist of an artist subscription service that provides news on new releases of the subscribed artists. Releases can be anything related to the subscribed artists such as songs, albums, concert or event tickets, books, audiobooks, podcasts, bios, recommendation of similar artists and in some cases, access to related third party applications ("Third Party Applications") and websites ("Third Party Sites") that can be used in conjunction with the Application and/ or Services (for example, e-commerce providers, social networking sites, information and access feature providers).

The Website, Application and the associated Services, where not specifically provided otherwise, are supplied by Fehlinger & Frank GbR, Borsigstr. 9, 10115 Berlin, Germany ("we", "us" and "our" as appropriate). You can contact us by email: info@artist-radar.com

These Terms may be accessed via the Application directly from your Device or on our Website at http://www.artist-radar.com/tc.html. Any translations of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English version. If you wish to use our Website, the Application and/ or the Services (collectively referred to as "Artist Radar") you must agree to be bound by these Terms, as set out below, and all and any applicable laws regarding your use of Artist Radar. You must also pay any charges for the Services which may be applicable.

IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE ARTIST RADAR.

YOUR CONTINUED USE OF ARTIST RADAR (INCLUDING, BUT NOT LIMITED TO, THE DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES AND/ OR USE OF THE SERVICES) NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL BE DEEMED ACCEPTANCE BY YOU OF THESE TERMS AND ANY SUCH CHANGES, OR MODIFICATIONS. YOU AGREE TO USE ARTIST RADAR ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY LOCAL BINDING POLICIES OR GUIDELINES. IMPORTANT: BY DOING ANY OF THE FOLLOWING ACTS YOU AGREE TO BE BOUND BY THESE TERMS:

  • EXPRESSLY ACCEPTING THESE TERMS OF USE AT ANY TIME, FOR EXAMPLE UPON CLICKING "SET UP", "PROCEED" OR ANY OTHER CLEARLY INDICATED EQUIVALENT ACTIVATION PHRASE ON YOUR DEVICE; OR
  • DOWNLOADING THE APPLICATION OR AN UPGRADE TO THE APPLICATION OFFERED FROM TIME TO TIME; OR
  • USING ARTIST RADAR ON YOUR DEVICE.

Please note:

1) In the event that you are or become a paying customer of any part of the Application and/ or Services or any other product part of the Artist Radar offering, we will provide to you relevant information regarding price, delivery procedure and cancellation options on a case by case basis, before completing the payment for your purchase. Any purchase will be effective upon the processing of your payment.

2) Once you start using Artist Radar, you hereby agree to waive any right to a limited period in which you could revoke your purchase or claim a refund upon cancellation of your purchase (also known as a cooling off period) (if any) available to you under any applicable e-commerce regulations or consumer protection laws. In the event a waiver of these rights is prohibited under the law, this cooling off period shall be limited to 7 days.

3) Each time you attempt to interact with Artist Radar, such as when you search artists, subscribe to artists, listen to songs or make a purchase on iTunes for example, you will send data for which your Network will charge at your usual data rates.

4) Unless otherwise specifically provided by us, our licence to you under these Terms is personal to you and allows you to access and use the Application and the Services only on the Device on which the software was first installed. The licence is not transferrable to another person or another Device without our agreement, which will only be given in exceptional circumstances, or if otherwise expressly provided in these Terms.

5) Certain versions of the Application are distributed in a form that limits the availability of some of the Services that can be accessed from that version and/ or some of the Service features. Such an instance is when the Application imposes a limit on the number of subscriptions. Details on Services and feature set and any limitations on use for your version of the Application are accessible via the Application from your Device and/ or from the source where you originally obtained the Application.

PROTECTION OF MINORS

To use Artist Radar you must be aged 13 or older. Additionally, if you are under 18, you must get the permission of your parent or guardian and the person who pays your mobile phone bills (if different) and get them to agree to these Terms on your behalf before you use Artist Radar and before you provide any personal information to us. Also, to use some of the Services you may be asked to register with us and provide certain personal details. See the section on privacy below regarding what we do with this information.

You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and have obtained all necessary third-party consents, licences and permissions necessary to enter into and fully perform your obligations under these Terms. In the event you are reading these terms to provide permission to a minor to use Artist Radar, you also represent and warrant that you have the full authority to act on behalf of the service user and that you are either more than 18 years of age and contracting for yourself or are the parent or guardian of the person who will use the Services and are entering into this contract to cover their usage. In any case, you affirm that you are, or the person who will use Artist Radar (where you are the parent or guardian of that person) is, over the age of 13, as the Services are not intended for children under 13.

If you are under 13 years of age, then please do not use Artist Radar. If you are the parent or guardian of a person under the age of 13 then please do not let that person use Artist Radar. Your access to the Services may be deleted or blocked without warning if it is found that you are misrepresenting your age or the age of the person using Artist Radar. In this case your membership account and all related data may also be deleted without warning. Your access to the Services is solely for your personal use, and you must not authorize others to use your account.

USAGE POLICY

Even where there is no limit imposed in the Application on the number of subscriptions that can be made, you nevertheless, agree to use the Services fairly. It is a breach of our usage policy if you send excessive subscription requests that lead to an over-allocation of system resources.

We will regard more than 300 subscriptions in any month to be a breach of our usage policy. If you breach the usage policy, we may cease to provide our Service to you without further notice. In that event we may, but are not obliged to, inform you by any suitable means, free of charge, that you have breached the usage policy.

If you breach the usage policy and are using Artist Radar via a subscription package, we may immediately terminate your current subscription package by giving you reasonable prior notice, where practicable. We will inform you, free of charge, that you have breached the usage policy and then terminate or suspend your current service account or bring your current subscription period to an end. Specific rules relating to individual subscription packages may be notified on our Website.

You agree to provide true, accurate, current and complete information about yourself any time you are prompted by Artist Radar to fill a registration form (for example your name, email address, and certain demographic information) and to maintain the accuracy of this information (such information being the "Membership Data") throughout the period you use Artist Radar. If you do not, or we have reasonable grounds to suspect that you have not, we have the right to suspend and/ or terminate your account and refuse any and all current or future use of Artist Radar. Membership Data and certain other information about you are subject to our Privacy Policy.

When you register on the Website or within the Application, we automatically create a profile for you, which may only be viewable by the other Users if you so choose. By choosing to make your profile public, your username and subscriptions, as well as all material you post on your profile, will become visible to any visitor to the Website and/ or the Application. No other personal data is made public by us. If you want to make your profile private, you may update your details on your profile page on the Website and/or Application to reflect your choice where available. Artist Radar is available for your personal use only and you may not use Artist Radar for any commercial purposes. We may restrict or terminate your access to Artist Radar, at any time, without notice, if you are in breach of these Terms.

We may change, suspend or discontinue any aspect of Artist Radar at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Such changes will be notified with reasonable notice, where they are material and where practicable, and you will have the opportunity to terminate the service should you not accept the new Terms. Where these changes or suspensions would amount to a complete termination of the Services you may be entitled to a refund of the reasonable part of any charges paid by you.

Continued use of the Application and/ or Services may require a download of new releases of software with different functionality and that may have different licence terms.

You agree not to misuse Artist Radar and, in particular, you agree that you will not:

(i) post or distribute any offensive, obscene or otherwise inappropriate material which may cause offence to others on grounds of race, religion, ethnicity or sex; (ii) post or distribute any material that is unlawful or which threatens or encourages illegal activities or which harms the rights of others; (iii) post or distribute material which is not your own; (iv) post or distribute any material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party; (v) post or distribute any unsolicited advertising material, 'junk mail', 'spam', 'chain letters', or 'pyramid schemes'; (vi) defame, harass or stalk others or encourage such behaviour; (vii) harm, or attempt to harm, minors in any way; (viii) impersonate any person or entity or create a false or misleading identity; (ix) access, or attempt to access, the accounts of others; (x) breach, or attempt to breach, our security measures, or penetrate or attempt to penetrate our computer software, hardware, electronic communication system, or telecommunications systems; (xi) collect, attempt to collect, or use other members' personal information; (xii) engage in any activity which adversely affects the ability of other people or systems to use the Artist Radar or the internet generally; (xiii) cause any nuisance or cause the operation of Artist Radar to be jeopardised or impaired; (xiv) post or distribute any material that contains any form of software virus or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) modify, adapt, translate, or reverse engineer any portion of Artist Radar or its contents, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Application, save only to the extent permitted by applicable law; or (xvi) use the Artist Radar for any improper, unlawful or immoral purpose.

LOCATION BASED SERVICES

Where we collect location-based information, we will generally do it on an anonymised basis for the improvement of our Application or Services. You consent to our use of anonymised location based services information collected from you.

Where we collect location-based information that is personally identifiable we will give you options to manage your disclosure of this information within our Application or on your Device. Depending on your version of Artist Radar and the functionalities available on your Device you may benefit from advanced options to manage the disclosure of location-based information.

Where this technology is used in conjunction with any Third Party Applications or Sites further information on usage policies and options management shall be available from such third parties. It is your responsibility to find, read and understand the usage policies of these services, get fully familiar with all the available disclosure options and manage these in a way that fits your purposes.

As a separate issue, you may receive contextual advertising from us. Please see the Section on ADVERTISING

THIRD PARTY APPLICATIONS AND SERVICES

Artist Radar may enable you to use functionalities of Third Party Applications and/ or to link to Third Party Sites that are not owned or controlled by us. Content, products and services that are part of any Third Party Applications and/ or Sites to which we may connect (including but not limited to, social networking sites, sites on which you can view content and from which you can make purchases, or record a geographic location that you find yourself in) are subject to the terms and conditions of the relevant application and/ or website. We have no control over and are not responsible or liable for any matters relating to your dealings with such third parties.

We are not responsible for and have no control over any third-party content, syndicated content, applications, services, advertisements, links, privacy policies and/ or practices of any such third-parties that may be found through Artist Radar. In addition, we will not and cannot censor or edit the content of any Third Party Applications and/ or Sites. By using the Services, you acknowledge that we do not to incur any liability arising from your use of any Third Party Applications and/ or Sites. This also specifically means that we can neither guarantee the correctness and completeness (e.g. on-time notification of any new release or concert tickets) of any information provided in our Application or Website nor on any Third Party Application or Service.

Accordingly, we encourage you to be aware when you leave Artist Radar and to read the terms and conditions and privacy policy of each and every other Third Party Application, Site and/ or other resources that you visit. Any correspondence, business dealings with, syndication, linking or participation in promotions of Third Party Applications and/ or Sites, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content accessed via Artist Radar or as a result of the failure of such Third Party Applications and/ or Sites to function as intended.

USER GENERATED CONTENT

We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information ("Notice"): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to us at support@artist-radar.com

Please note that this procedure is exclusively for notifying us and our affiliates that (a) your copyrighted material has been infringed, (b) you have noticed any defamatory content published via Artist Radar or (c) your personal privacy or that of your family has been violated in a manner that contravenes applicable local laws.

Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish or display on our Website and/ or through the use of Services and any such content that you provide or make available to other Users through the Website (collectively, "User Content"). You are responsible for all User Content, as set forth below.

You retain ownership of User Content. By sharing User Content via Artist Radar (and any Third Party Application and/ or Sites), you grant to us during the entire period of protection of your intellectual property rights associated with such content and material, a world-wide, royalty free, non-exclusive licence to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute, or an equivalent right to use, the User Content via Artist Radar (and any other Third Party Applications and/ or Sites). We require such a licence in order to provide certain functionality within Artist Radar (and any Third Party Applications and/ or Sites). This licence will terminate at the time the relevant User Content is removed from Artist Radar. You will have the option to remove your User Content from Artist Radar at any time, except in limited circumstances where you contribute User Content to a general section of the Website (such as album reviews) or to a third party profile, in which case you will not have the option to remove it.

By sharing User Content within Artist Radar (and any Third Party Application and/ or Sites) you warrant that you own all rights in and to the User Content shared by you and that you are not breaching any other party's rights to privacy, publicity rights, copyrights or contractual rights.

Please note that we cannot accept any User Content containing any music, save where expressly permitted by us.

Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and we assume no responsibility or liability for this material. User Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. We have the right but not the obligation to refuse to post, remove or edit any posting or submission User Content. We do not actively monitor User Content and take no responsibility and assume no liability for any User Content.

By submitting the User Content to us, you grant us and our affiliates the right to use the username that you submit in connection with such User Content. You grant to us a revocable, non-exclusive, worldwide right and licence, or another equivalent right to use, all the trademarks, service marks, trade dress, artwork, names, likenesses and biographical material associated with the User Content, your username, or your account in connection with your use of and our operation of Artist Radar. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and our use thereof on the Website.

The following is a partial list of the kind of User Content that is illegal or prohibited on Artist Radar. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Website or Services and terminating the access to Artist Radar of such violators. Prohibited User Content includes content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves commercial activities and/ or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xii) violates anyone's right of privacy; or (xiii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.

ADVERTISING

We reserve the right to deliver advertising to you in conjunction with your use of Artist Radar and utilise the processor bandwidth and storage hardware on your Device for this purpose.

A cookie is a small amount of data sent from our server and stored on your computer's hard drive. We may use "cookies" (the nature and use of which are detailed in our Privacy Policy) on your browser or use web beacons to collect process or disclose information, in the course of our service delivery or while advertisements are being served to you. This allows us to store and retrieve login information on a user's system and provide us with data on your usage of Artist Radar and your interaction with the advertisements; this data helps us to improve our Services and enables us or any third party advertisers to deliver more targeted advertisements. Any cookies used by advertisers are covered by the privacy policy of the relevant advertiser. Most browsers are initially set up to accept cookies, but you can usually set your browser to prevent this from happening.

Advertising may be contextual, that is it may be sent to you based on your current location or use of Artist Radar. Any opt out that you send us in relation to direct marketing communications does not apply to such advertising. In addition, you may receive advertising and promotional information or offers if you respond to a Artist Radar prompt on radio or television or in audiovisual or interactive media.

Where Artist Radar contains links to third-party content, applications, services and/ or advertising, we are not responsible for the privacy policy or for any matters relating to such third party products, promotions or advertising, including responsibility for controlling any personal data that you may provide in response to such products, promotions or advertising. We encourage you to check the privacy policies of all third party sites that you visit.

AVAILABILITY OF SERVICES

We will do our best to offer you a smooth service, but we give no guarantees that Artist Radar will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can.

We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.

New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" being fixed by us and may have other issues affecting availability and functionality.

LEGAL PROTECTION AND LIMITATIONS

You acknowledge that Artist Radar (and any other applications) licensed by us to you are our property (and the property of our supplier, Landmark Digital LLC ("Landmark")). You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use Artist Radar or any Third Party Application for the purpose of accessing and using the Services. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application. You will not copy any part of Artist Radar or any Third Party Applications and/ or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Artist Radar to any person.

You agree to not use Artist Radar to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt Artist Radar or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of Artist Radar; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.

You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of Artist Radar and/ or any Third Party Applications.

You agree to not use Artist Radar or export any portion of it in violation of U.S. export regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country and you are not listed on any U.S. list of prohibited or restricted parties.

Any content provided by us as part of Artist Radar, including but not limited to ringtones, lyrics, artist information and downloads contains copyrighted material, trademarks and other proprietary rights belonging to us and our licensors. All right, title and interest in and to such content vests in us and our licensors. You are granted a limited, revocable, non-exclusive licence to display that content as part of the Services solely for your personal use. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part.

YOUR USE OF ARTIST RADAR IS AT YOUR SOLE RISK. ARTIST RADAR IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND LANDMARK EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND LANDMARK MAKE NO WARRANTY THAT (i) ARTIST RADAR WILL MEET YOUR REQUIREMENTS, (ii) DELIVERY OF ANY PORTION OF ARTIST RADAR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ARTIST RADAR WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) ANY PORTION OF ARTIST RADAR OR ANY OTHER APPLICATION PROVIDED BY US OR LANDMARK WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE ARTIST RADAR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

By using Artist Radar, you acknowledge that you will have no recourse against Landmark.

Under no circumstances will we or Landmark or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use Artist Radar (and any other applications) which we license to you, any content delivered to you or Artist Radar, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a 3 month period or the maximum amount of fifteen dollars ($15), whichever is higher.

Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only the above disclaimers, limitations or exclusions may not apply to you to their full extent.

You hereby indemnify and hold harmless, and upon our request, defend, us, our affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us and our affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your direction.

Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence.

Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.

Where we actively promote and sell our products outside of Germany we will endeavour to comply with mandatory local regulations of public policy and consumer protection, but disclaim all and any liability, apart from the liability assumed within these Terms, to the maximum extent permitted by law.

GENERAL

These Terms are not intended to give rights to anyone except you and us, unless otherwise expressly indicated by us within these Terms. We may assign our rights and obligation under these Terms without your prior consent to any new provider of the Artist Radar.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.

You may at any time unsubscribe or cancel your Artist Radar account, subscription or any other relationship with Artist Radar which is being governed by these Terms via the cancellation method notified to you at sign up. Please note, however, that Artist Radar will not make any refunds, except in exceptional circumstances involving material breach on our part, and you will remain liable for payment of any part of the Artist Radar Services that you have already used or previously committed to.

We may at any time terminate your account or prevent you from gaining access to Artist Radar. If we terminate your account, we may immediately delete all the files and information on your profile and prevent you accessing your profile. We will use reasonable efforts to give you notice of termination or suspension of access to Artist Radar, but this may not always be possible.

We will not be liable to you or to any third party for termination or for any permanent or temporary suspension of any of the Website, Application or Services. In the event you are a paying customer and our Services to you are terminated you may be entitled to a refund of the reasonable part of any charges paid by you. We will not be liable to you or to any third party for any failure, suspension and/or termination of access to Artist Radar in connection with or arising out of a force majeure event including, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents. We may provide you with notices regarding Artist Radar or these Terms by post to any address you have given us, by email, by SMS message or by postings to the Website.

These Terms and the relationship between you and us shall be governed by the laws of Germany without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of Germany.

We may amend these Terms at any time by posting the amended terms on our Website and/ or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version the Terms will be included at the top of the Terms page. If you continue to use the Application and/ or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services. If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at support@artist-radar.com

PRIVACY POLICY

We may collect, use and/ or maintain records of your personal information such as your name, address, phone number, Membership Data and/ or other unique personal identifier, as the case may be, to provide and facilitate use of Artist Radar. The personal information we collect may also be used for the following purposes: to facilitate purchase of ringtones or full track music downloads, for troubleshooting problems and technical or security issues, for detecting and protecting against error, fraud or other criminal activity, to enforce these Terms or as required by any applicable laws, rules or regulations or governmental requirements, for other internal purposes, as otherwise expressly informed at the time of collection, and to keep you informed about our products and services.

We may also maintain and use records of such information to send you updates and news about Artist Radar. If you do not want to receive updates, the Artist Radar Newsletter or other notifications from us, please let us know by indicating your preference when you register for Artist Radar or by emailing us at support@artist-radar.com. Alternatively, you can opt-out of receiving further communications from us by following the "unsubscribe" instructions located near the bottom of the Artist Radar Newsletter.

Any personal information or content that you voluntarily disclose while using Artist Radar or an associated Third Party Application and/ or Site, which can be viewed by other members thereof (for example, on discussion boards, in messages and chat areas, within your public profile page, via messages or third party services etc.), becomes publicly viewable and can be collected and used by others.

We will separately seek your consent to send you direct information or advertising about third party products or services that may interest you and will include unsubscribe information therein.

In addition, if you have any questions regarding privacy, please contact us by email at support@artist-radar.com

Your personal information will be stored and processed on secure servers in the European Economic Area. Due to the global nature of the internet, your personal information may be transferred to countries outside the European Economic Area whose legal systems do not offer the same protection for your data as the laws of Germany and by using Artist Radar you agree to such transfer. Where you opt to receive communications from Artist Radar, we may transfer your personal information to third parties for storage and processing outside the European Economic Area. We will in any event take all steps reasonably necessary to ensure that your personal information is stored and processed securely and in accordance with this Privacy Policy and all applicable laws.

We may collect anonymised aggregated information about your general internet and Application usage, including through the use of cookies and other such devices, to monitor frequency of use and specific usage within any part of Artist Radar and use it for statistical purposes, to improve our services, create new features, fix bugs, more accurately meet your preferences, etc. For example, we may use click-through monitoring to see who clicks to different sites within Artist Radar, to build subscription charts or record the geographical location from which the Services are accessed. This information will not be recorded by us as personal information in relation to your usage.

Most internet browsers are automatically set up to accept cookies, but you can set your browser to refuse a cookie or ask your browser to show you where a cookie has been set up. Certain services are only activated by the presence of a cookie and, if you choose to refuse cookies, particular features of Artist Radar may not be available to you.

Except as expressly provided herein, absent your prior consent, we do not permit unrelated third parties to perform "reverse searches" whereby they could identify users from email addresses. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with Artist Radar:

  • Advertisers. We may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. In these situations, we would only disclose information that could be used to identify you personally with your explicit consent.
  • External Service Providers. Third Party Applications and Sites, here also referred to as external service providers, will typically provide services complementary to your use of Artist Radar. If you choose to use these separate services, disclose information to the external service providers, and/ or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. With your consent, and for your convenience, we may provide some of your personal information to an external service provider offering such services. To prevent our disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
  • Internal Service Providers. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of our business, products and services that we provide to you and, therefore, we may provide some of your personal information directly to these internal service providers (e.g. customer care). In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.
  • Analytics Providers. We may use third parties that we refer to as analytics providers to analyze and track aggregated anonymous statistical information about your general Application and internet usage. Artist Radar and/or Artist Radar's analytics providers may perform statistical, demographic and marketing analysis of this information for product development purposes and this information may also be used to allow our advertisers to provide, in aggregate, more targeted advertising.
  • Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on Artist Radar from persons under 13 years of age, and no part of our Services are directed to persons under 13. If you are under 13 years of age, then please do not use or access Artist Radar at any time or in any manner. If we learn that personally identifiable information of persons under 13 years of age has been collected within Artist Radar without verified parental consent, then we will take the appropriate steps to delete this Information.

We cannot ensure that all of your private communications and other personal information will never be disclosed through no fault of ours, not otherwise provided for in this Privacy Policy. By way of example, without limiting the foregoing, we may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access your transmissions or communications. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. However, we shall use reasonable commercial and legal efforts to protect our Users' information and to maintain the privacy and anonymity of members and Users.

In the event that we are acquired by or merged with a third party entity, or sell all or substantially all of our assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred or used.

ADDITIONAL TERMS THAT ARE APPLICABLE TO USERS OF ARTIST RADAR AS OFFERED BY SPECIFIC PARTNERS AND ARE AN INTEGRAL PART OF THE ABOVE LICENSE

Microsoft

In the event that you have acquired the Application via the Microsoft Corporation ("Microsoft") application store, Windows Market Place,

  • you acknowledge and agree that we, and not Microsoft, are responsible for any breach or failure to deliver under these Terms, or for addressing and enforcing any claims you or any third party may have in relation to the Application and/ or the Services; and
  • you acknowledge and agree that neither Microsoft, nor your Network operator or Device manufacturer has any obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services.

Additionally, notwithstanding any provision to the contrary included in these Terms, when you acquire Artist Radar via Windows Market Place you will be able to install the Application on up to five (5) devices that are associated with your Windows Live ID.

RIM

In the event that you are using a Device or Third Party Application provided by Research in Motion, Ltd. ("RIM"),

  • you agree that RIM, its subsidiaries and any third party merchant that is operating within the RIM applications store, known as the BlackBerry App World, ("Merchant") are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, RIM and the Merchant will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary thereof;
  • you acknowledge and agree that we, and not RIM or the Merchant, are responsible for any breach or failure to deliver under these Terms, or for addressing and enforcing any claims you or any third party may have in relation to the Application and/ or the Services;
  • you acknowledge and agree that RIM or the Merchant has no obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services; and
  • you acknowledge and agree that when the Application is purchased from the BlackBerry App World it will be available only on RIM Devices.

Additionally, notwithstanding any provision to the contrary included in these Terms, when using a RIM Device you shall be able to reinstall the Application in accordance with the rules of the My World repository, which are available within the BlackBerry App World.

Apple

In the event that you are using a Device or Third Party Application provided by Apple, Inc. ("Apple"),

  • you agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary thereof;
  • you acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application and/ or the Services;
  • you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services; and
  • in the event of any failure of the Application and/ or the Services to conform to any applicable warranty, you agree to notify Apple of such failure. Upon notification Apple will refund the purchase price for the Application and/ or Services (if any) to you.

AT&T

In the event that you are using a Device or Third Party Application provided by AT&T Mobility or any AT&T Affiliate (collectively "AT&T"),

  • you acknowledge and agree that we, and not AT&T, are responsible for any breach or failure to deliver under these Terms, or for addressing and enforcing any claims you or any third party may have in relation to the Application and/ or the Services;
  • you acknowledge and agree that AT&T has no obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services;
  • you acknowledge and agree that in the event of any failure of the Application and/ or the Services to conform to any applicable warranty, you may notify AT&T of such failure. Upon notification AT&T will refund the purchase price for the Application (if any) to you. To the maximum extent permitted by applicable law, AT&T will have no other warranty obligation whatsoever to you with respect to the Application and/ or Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty; and
  • you acknowledge and agree that AT&T, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, AT&T will have the right to (and will be deemed to have accepted the right to) enforce these Terms against you as the third party beneficiary thereof.