Program Overview
fanatic.fm is a music sponsorship platform that allows brands and musicians to find each other
- fanatic.fm provides brands with a library of music to use for branding contents in social media
- while providing musicians with a source of direct revenue stream for online music streaming
- the resulting by-product is free music available for listeners to enjoy
Eligibilities
[Your Information]
You warrant and represent to us that the information that You have provided to set up Your account is true, accurate, current, complete and is compliant with our Terms of Use. You warrant and represent to us that you have the legal capacity necessary to enter into these Terms of Use under the laws governing these Terms of Use. Otherwise, You warrant and represent that Your parent or legal guardian is acting on behalf of You.
[Rights]
You represent and warrant that You have every right necessary for using Your music (including musical composition and recording) for making videos provided on fanatic.fm platform, , including but not limited to:
- rights necessary for publicly performing Your music on the web either independently or as embedded in videos (the public performance rights);
- rights necessary for using Your music for producing videos and making them publicly available on fanatic.fm (the rights to grant a synchronization license);
- rights necessary for using Your sound recording for producing videos and making them publicly available on fanatic.fm and providing Your sound recording on fanatic.fm for promotional purposes (the rights to grant a master-use license);
You also represent that You have the rights necessary to use album jacket images, song titles, lyrics, or any other material contained in Your musical albums for the purposes relevant to the activities of fanatic.fm activities. You also represent and warrant that You have the rights, federal or state, statutory or common law, to prevent others from using Your name, likeness, voice or others for commercial purpose. ("publicity rights")
Grant of License
[Synchronization license]
You hereby grant us a non-exclusive, world-wide license to use Your music for producing and making available for the public videos public (audio-visual works (in the form of audio-visual works, advertisements, musical works or dramatic musical works, etc.), for a period starting from the entry of force of this agreement until termination.
[Master-use license]
You hereby grant us a non-exclusive, world-wide license to use Your sound recording for producing and making available for the public videos (in the form of audio-visual works, (in the form of advertisements, musical work or dramatic musical works, etc.) as well as providing it on fanatic.fm for promotional purposes, for a period starting from the entry of force of this agreement until termination.
[Public Performance license]
You hereby grant us a non-exclusive, world-wide license to publicly perform Your music provided on fanatic.fm, for a period starting from the entry of force of this agreement until termination.
[License to Use Album Art, etc.]
You hereby grant us a non-exclusive, world-wide license to use album jacket images, song titles, lyrics, or any other material contained in or accompany Your musical tracks or albums for purposes relevant to the fanatic.fm activities, for a period starting from the entry of force of this agreement until termination.
[Right of publicity]
You hereby grant us a non-exclusive, world-wide license to use Your right of publicity (i.e., right to use Your name, likeness, biography, sound effect, etc.) for purposes relevant to the fanatic.fm activities for a period starting from the entry of force of this agreement until termination.
Copyright
We follow our Copyright Policy. If we receive a copyright notice from an alleged copyright owner, we will follow the steps described in our Copyright Policy.
Right of First Refusal
You have the right to refuse an offer of using Your music for a certain video (or advertisement) for any reason.
Revenue Share
You will receive 70% of the total revenue from the operation of our program that is attributable to the exposure of Your music or video. The revenue will be paid at the end of the next month after You claim it.
Donation to charities
You agree to donate 2.5% of the same total revenue to the charity of Your choice among those provided by Us. We agree to donate 2.5% of the same total revenue to the charity of Your choice. The charity of Your choice shall be notified of Your choice and the amount of donation as it is made available. The donation of 5% of the same total revenue will be delivered to the charity's Paypal™ account.
Sub-domain policy
1.Application for sub-domain: You may request for a sub-domain under fanatic.fm. Your request for a sub-domain is subject to Our review and approval. fanatic.fm has the authority to create, approve or modify the sub-domains within the "fanatic.fm" domain and the responsibility of managing them. fanatic.fm may reject a name if it is considered inappropriate or if it may cause confusion about the real nature or purpose of a service it represents or conveys.
2.Appeal from Rejection: Users may appeal to the Chief Information Officer of fanatic.fm, whose decision shall be final, for requests that are rejected by the fanatic.fm.
3.Dispute Settlement: The allocation of sub-domain names will usually be on a first-come-first-served basis. Should there be a dispute (e.g. two artists applying for the same sub-domain name or an artist claims another artist is using his name for sub-domain) that is not likely to be readily resolved by the fanatic.fm, the disputants must try to resolve it themselves. If this cannot be achieved within two months, the dispute will be referred to the Chief Information Officer, whose decision shall be final.
4.Change of Circumstances: If the justification for a sub-domain name alters, fanatic.fm will review the assignment of the name accordingly. For example, if a band is split and the previous band name is not publicly recognized any more, the assignment of the domain name will be reconsidered. Failure to respond to fanatic.fm's inquiry arising from such reconsideration for two months may result in the termination of the assignment of the name. Prior notice will be given to the name owner, if possible.
5.Recovery of Unused Sub-domain: fanatic.fm may recover unused or seemingly unused sub-domain names, possibly for reallocating to another user when it applies. fanatic.fm will endeavor to identify the user responsible for such lapsed names, before withdrawal or reallocation.
Modification of the Terms
We may, in our sole discretion, change or amend these Terms of Use at any time. Notice of such changes will be posted on our website. Your continued use of the fanatic.fm services following notice of such changes will be deemed Your acceptance of any such modification. If You do not agree to any such changes, please stop using our services.
Term and Termination
These Terms of Use shall become effective upon Your acceptance and Your delivery of Your content, and shall remain in effect until terminated by You or us. You and fanatic.fm may terminate these Terms of Use for any reason.
1.You may terminate these Terms of Use by: (a) removing Your content using the tools provided by our service; or (b) providing us with 30 days' prior notice of termination by email and the list of content on which You wish to terminate the license granted.
2. We may terminate these Terms of Use by: (a) providing You with 30 days prior written notice of termination and the list of content on which fanatic.fm wishes to terminate the license granted; or (b) removing Your content if: (i) You breach these Terms of Use; (ii) law enforcement or other government agencies requests; (iii) fanatic.fm websites or services are discontinued or materially modified; (iv) You do not have the necessary rights to grant license; and/or (v) You have engaged in fraudulent or illegal activities.
3. If You choose to terminate these Terms of Use is agreement by giving 30 days written notice and You do not remove Your content following the end of such 30 day period, fanatic.fm shall have a royalty-free license to use Your content until You remove Your content.
4. Upon termination of these Terms of User membership, all the data and data You provided us will be deleted. This includes Your login id, email address, gender, locality, and others. Any copyrightable material You have submitted to or created on fanatic.fm servers will be deleted, which includes Your profile photo and Your comment to Your or others My Pages. Any data You created on the fanatic.fm servers will also be deleted.
Disclaimers:
1. fanatic.fm is not responsible for any incorrect or inaccurate content posted on or through the Our Website or Services, whether caused by users or by any of the equipment or programming associated with or utilized in Our Website or Services.
2. Profiles created and posted by users may contain links to other websites. fanatic.fm is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by fanatic.fm.
3. Inclusion of any linked website on or through the Website or Services does not imply approval or endorsement of the linked website by fanatic.fm.
4. When You access these third-party sites, You do so at Your own risk. fanatic.fm takes no responsibility for third party advertisements which are posted on or through Our Website or Services, nor does it take any responsibility for the goods or services provided by its advertisers.
5 .In creating hypertext links to any other website, fanatic.fm is not recommending that website or giving any assurances as to its standing. fanatic.fm is providing the links only as a convenience to You.
6. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.
7. fanatic.fm makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the content of the outside sites. If You decide to access linked third party websites, You do so at Your own risk.
8. fanatic.fm is not responsible for the conduct, whether online or offline, of any user of the Website or Services.
9. fanatic.fm assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication.
10. fanatic.fm is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website or Services, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or Services.
11. Under no circumstances shall fanatic.fm be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or Services, attendance at any fanatic.fm event, from any content posted on or through the Website or Services, or from the conduct of any users of the Website or Services, whether online or offline.
Warranties:
1.YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS.
2.FANATIC.FM MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE OR SERVICES OR INFORMATION COLLECTED FOR OR PROVIDED TO USERS UNDER THIS AGREEMENT.
3.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FANATIC.FM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING OR RELATING TO THE SERVICE OR ANY SERVICES PROVIDED TO THE REGISTERED USER UNDER THIS AGREEMENT.
4.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
5.IN THE EVENT OF FANATIC.FM'S BREACH OF WARRANTY, THE SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF THE AMOUNTS PAID FOR THE SERVICE BY THE REGISTERED USER.
Limitations of Liability:
1.YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL FANATIC.FM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2.UNDER NO CIRCUMSTANCES WILL FANATIC.FM'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNTS PAID BY YOU FOR YOUR ACCOUNT.
Indemnity
You agree to indemnify and hold harmless fanatic.fm, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your connection to or use of the Website or Services, including any breach by You of the terms of these Terms and any claims arising from the content You submit, post, transmit or make available through the Website or Services, or Your use of the Website or Services. Further, You specifically agree that You understand that any part of the Website or Services labeled 'Beta' may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software 'bugs' and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability herein, You specifically agree that Fanatic.fm is not responsible or liable for any error, problem, omission, malfunction, interruption, defect, delay, or failure, in any regard, concerning any part of the Website or Services labeled 'Beta.'
Exclusions
CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
U.S. Export Controls
Software available in connection with Our Website or Services (Software) may be further subject to United States export controls. No software may be downloaded from Our website the Website or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at Your sole risk.
Accuracy
Opinions, advice, statements, offers, information or other content made available through Our Website or Services are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. fanatic.fm does not: (i) guarantee the accuracy, completeness or usefulness of any information on the service, and (ii) adopt, endorse nor accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than fanatic.fm. Under no circumstances will Fanatic.fm be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to or by any registered users.
Miscellaneous:
1. Rights Reserved: fanatic.fm and user retain all rights and licenses not explicitly granted hereunder.
2. Choice of law and forum: These Terms, the relationship between You and fanatic.fm, and any dispute involving Our website or services the Website or Services or these Terms of Use, shall be governed by (and construed and interpreted in accordance with) the laws of California, without regard to its conflict of law provisions or Your actual state or country of residence. You hereby irrevocably submit to the personal and exclusive jurisdiction and venue of the federal and state courts serving the City and County of Los Angeles, other than for actions to enforce any order or judgment entered by such courts, in the event of any dispute arising out of or relating to this Agreement.
3. Entire Agreement: These Terms of Use and the referenced documents, such as the Copyright Policy, Privacy Policy, Ad Guidelines, IO and FAQs, constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into these Terms except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g. reference to a purchase order number) or oral discussions are void.
4. Severability and Waiver: If any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.
5.Non-assignability: You may not assign any of its rights hereunder and any such attempt is void.
6.Independent Contract: fanatic.fm and You are not legal partners or agents, but are independent contractors. In the event that these Terms or a Program expire or is terminated, fanatic.fm shall not be obligated to return any materials toYou.
7.Contact: You may grant approvals, permissions, extensions and consents by email. But any modifications by You to the Agreement must be made in a writing executed by both parties. Any notices to fanatic.fm must be sent to contact@fanatic.fm Please contact us at the same email address with any questions regarding this Agreement.
fanatic.fm is operated by fanatic.fm Corporation, a California corporation with offices its office at 2751 East Chapman Ave., Suite 204, Fullerton, CA 92831, USA.
BY USING THIS SERVICE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.