Terms of Service



1. ACCEPTANCE OF TERMS

eFanMusic welcomes you. It provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.

2. DESCRIPTION OF SERVICE

eFanMusic provides users with access to several information about musical artists as albums, songs, lyrics, podcasts, images, recommendations, etc. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for eFanMusic to provide the Service. Although eFanMusic does not host any content, it advocates Fair Use of copyrighted content on the Internet. eFanMusic respects the intellectual property of others, and we ask our users to do the same. eFanMusic has no responsibility for content on other web sites that you may find or access when using eFanMusic. Material available on or through other web sites may be protected by copyright and the intellectual property laws of their respective countries. The terms of use of those web sites, and not the eFanMusic Terms of Service, govern your use of that material. You also understand and agree that the eFanMusic may include certain communications, such as service announcements, administrative messages , and that these communications are considered part of eFanMusic membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. eFanMusic assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. eFanMusic PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information. eFanMusic only ask for username and email password.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify eFanMusic of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. eFanMusic cannot and will not be liable for any loss or damage arising from your failure to comply these rules.

5. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not eFanMusic, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. eFanMusic does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will eFanMusic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed,transmitted or otherwise made available via the Service. You agree to not use the Service
a) to post, email, transmit or otherwise
a.1) make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
a.2) make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
a.3) make available any unsolicited or unauthorized advertising promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
a.4) make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
b) to intentionally or unintentionally violate any applicable local, state, national or international law
c) to "stalk" or otherwise harass another; You acknowledge that eFanMusic may remove comments or messages if it violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content submitted to eFanMusic or offered by eFanMusic. including without limitation information in 'Have your say' section and in all other parts of the Service. You acknowledge, consent and agree that eFanMusic may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of eFanMusic, its users and the public. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by eFanMusic and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

You are solely responsible for Content that you post in comments. You agree that you will not submit material (images, links to web resources) that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant eFanMusic all of the license rights granted herein.

7. MODIFICATIONS TO SERVICE

As we consume data from multiple external sources we cannot guarantee the reliability of the Service. Therefore eFanMusic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that eFanMusic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. TERMINATION

You agree that eFanMusic may, under certain circumstances and without prior notice, immediately terminate your eFanMusic account and access to the Service. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) engagement by you in fraudulent or illegal activities, and/or Termination of your eFanMusic account includes
(a) removal of access to all offerings within the Service,
(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof) It is eFanMusic policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of eFanMusic and/or others.

9. LINKS

The Service may provide, or third parties may provide, or other users can post comments embedding links to other web resources. Because eFanMusic has no control over such sites and resources, you acknowledge and agree that eFanMusic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that eFanMusic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10 MAKING PURCHASES

You can buy songs and albums with Amazon and iTunes. If you wish to purchase products or services described on the Site, you will be asked by the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

11 POSTING COMMENTS

You acknowledge that the information submitted in the 'Have your say' section can contain messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site, whether such third parties are visitors to the Site, members of the eFanMusic community or others. These opinions reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of eFanMusic. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we, our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. You acknowledge and agree that we have the right (but not the obligation) to monitor these comments and the materials you transmit or post; to remove any such materials (including, without limitation, any posting to the 'Have your say' area); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.

12. NOTICE

eFanMusic may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and eFanMusic and governs your use of the Service, superseding any prior agreements between you and eFanMusic with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other eFanMusic services, affiliate services, third-party content or third-party software.