Acceptance of Terms
By using Fanlala services, you agree to adhere to these terms. Fanlala reserves the right to modify these terms without notice. If you do not agree to these terms, you cannot use Fanlala. Fanlala may, from time to time update these terms without notice. You should revisit this page occasionally to review the terms and conditions. There may also be Fanlala products and services that have posted rules and regulations. These rules and regulations, when they appear, should be considered to be part of these terms and conditions.
Fanlala Intellectual Property
Security of username and password
Fanlala accounts are protected by username and passwords. You agree to keep your password secure and not to disclose it to anyone. You also agree not to solicit or use another member's account and password. You are solely responsible for any and all use of your account.
House Rules and Cancellation
Fanlala members agree to not post or message any of the following:
- Private or personal information which might identify a user
- Profanity or obscenities
- Personal attacks on other individuals
- Slanderous, defamatory, obscene, pornographic, threatening and harassing comments, pictures or videos; and/or other information that Fanlala deems in its sole discretion to be inappropriate for this site
Fanlala may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity.
By using Fanlala, you consent to receiving electronic communications from Fanlala. These communications will include notices about your account (e.g., content downloads, password change confirmation e-mails and other transactional information) and information concerning or related to our service, such as featured programs, promotions, or other entertainment information or offerings. These communications are part of your relationship with Fanlala and you receive them as part of Fanlala membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANLALA.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FANLALA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE
IndemnityYou agree to indemnify and hold Fanlala.com and Fanlala, Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
THE MATERIALS IN THE FANLALA SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE FANLALA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY FANLALA SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY FANLALA SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Fanlala site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Fanlala site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Membership and Billing
Fanlala offers two types of membership service, Basic and Premium. Basic membership service is free to age appropriate users and their parents. Premium Service is a fee based system and includes Basic membership services, with your paid subscription. Premium Services includes or will include shortly access to internet music (Fanlala Radio), playlists, and music videos. From time to time, Fanlala will provide additional services for the sole and exclusive use by Premium members and will not be made available to Basic members.
We will begin billing your Payment Method for monthly membership fees corresponding to your membership date plus any applicable sales tax. Your Payment Method will be authorized at a minimum of one month of service as soon as you register or at a discounted annual amount outlined to you at the time of sign up or renewal. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, charges will be made against the Payment Method unless you fail to cancel your ongoing monthly subscription. We will continue to be billed your Payment Method on a monthly or annual basis for your membership plan until you cancel. You may cancel your membership at anytime. Cancelation of membership will be based on your monthly or annual anniversary date. Fanlala will require a minimum of 30 days to cancel any Premium Membership and must end the day prior to your monthly or annual anniversary date. In order to remain a low-cost leader in music, these cancelation restrictions are to ensure all copyright and royalties for items made available to you are earned and collected by Fanlala and paid to the appropriate 3rd parties.
We may offer a number of products and services, including special promotions with different limitations. Some of these promotional products and/or services are offered by third parties in conjunction with the provision of their own products and services. We reserve the right to modify, terminate or otherwise amend our services. Unless otherwise stated differently, month or monthly, annual or annually refers to your billing cycle based on your subscription service you elect at sign up. (See "Billing" below).
Fanlala may impose an additional transaction fee based on transactions associated with Services, including a transaction fee applied to your periodic subscription fee. Such transaction fee will be disclosed to you prior to your agreement to the relevant transaction, such as through the order path for a subscription Service, by email notification concerning your Services and applicable fees, through the order path for downloadable tracks, or in a similar, explicit manner.
Your Fanlala Premium membership, which may start immediately with your first month payment, will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership. Upon cancelling your membership, this will be treated as your minimum 30 day cancellation before your next anniversary date. We will bill the monthly membership fee at the then current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). At the end of the final Premium Service period that will end the day prior to your anniversary date that follows your 30 day notice to cancel to Fanlala from you.
You may cancel your Fanlala membership at anytime, and will be subject to the terms and conditions outlined in the paragraph title Ongoing Membership above. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNUSED SERVICES. To cancel your membership, visit our website and click on “Manage Kids" or "Your Account" page and follow the instructions for cancelling your membership.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE FANLALA END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE FANLALA AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.
In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some of or all of the music, and/or videos may cease to be available for downloading and content streaming.
Content filter for Parents
All music being offered by Fanlala is CLEAN and radio quality. Fanlala does not promote explicit music. The definition of CLEAN music is exclusively defined by Fanlala. You agree to HOLD FANLALA HARMLESS of any liability for any “explicit” material that may be unintentionally heard by your child (ren). You also agree to notify Fanlala immediately if such explicit content is delivered and heard through Fanlala. Fanlala will take appropriate actions to correct.
Please note, Fanlala does not collect information from children under the age of 13, nor is it intended to be used by a child, without involvement and oversight from or by a parent.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Fanlala services. Fanlala will use its best effort to restrict the distribution of any personally information regarding its users. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application should be used in accordance with Fanlala’s intent and design integrations and subject to these Terms and Conditions.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information. To deactivate a device, go to your browsers and clear its history and prior settings.
If you find that you're a victim of identity theft and it involves Fanlala, you should notify customer service at support@Fanlala.com. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the Fanlala’s website and not through a hyperlink in an email, even if it looks official. Fanlala reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Fanlala is not obligated to credit or discount a membership for holds placed on the account by either a representative of Fanlala or by the automated processes of Fanlala.
Service Limitations and Service modifications
FANLALA will make reasonable efforts to keep your account and the Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any downtime that we anticipate will exceed one hour. FANLALA also reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Application and Service(s) with or without notice. Due to contractual or other limitations, from time to time, some tracks available in any particular catalog may no longer be available. FANLALA reserves the right to change or remove the tracks and albums available in our catalog at any time. FANLALA shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to and/or of any of the Service(s).
Fanlala Radio License Granted on the Site
FANLALA hereby grants to you a limited, non-exclusive license to use our Applications solely for personal, noncommercial use, subject to this Agreement, including the following terms:You may not:
- frame or link to an Application except as expressly permitted in writing by FANLALA;
- permit other individuals to use the Application;
- modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law), tamper with, or create derivative works based upon the Application, including the Content or any portion thereof (including without limitation any watermarks, security components and digital rights management);
- copy the Application or any portion thereof;
- sell, rent, lease, transfer, distribute, broadcast, display or otherwise assign any rights to the Application to any third party;
- remove any proprietary notices or labels on the Application;
- use the Application in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
- use the Application for any commercial or illegal purpose;
- use the Application for anything other than your personal, non- commercial purposes, including without limitation the excessive and/or repeated playing of content (for the apparent purpose increasing royalties paid or ratings as applied to such content);
- use the Application to invade the privacy of, or obtain personal information about, any Application account holder or user, or to obtain a list of Application account holders or users;
- copy, modify, erase or damage any information contained on computer servers used or controlled by FANLALA or any third party used in connection with the Application or the services provided through the Application;
- use the Application to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable; or use any data mining, robots, or similar data gathering and or extraction tools in connection with the Application;
- use the Application to post or transmit any unsolicited advertising or promotional materials;
- access or use any password- protected, secure or non-public areas of the Application except as specifically authorized in writing by FANLALA (unauthorized individuals attempting to access these areas of the Application may be subject to prosecution);
- impersonate or misrepresent your affiliation with any person or entity;
- use any automated means to access or use the Application (including scripts, "bots" or similar software); or
- modify, translate, reverse engineer, decompile, reproduce, disassemble, or otherwise gain access to or attempt to gain access to any private key or dev key (as that term is generally understood within the industry) associated with the Application, the Content or the Services, or to use or attempt to use any private key or dev key in a manner in violation of this Agreement.
More User Restrictions
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Fanlala server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Fanlala, including any Fanlala account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Fanlala’s systems or networks, or any systems or networks connected to the Site or to Fanlala.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Fanlala on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Enrollment in Fanlala Radio
In exchange for applicable fees, if any, and subject to the Agreement and the limitations described within this agreement, you will be granted the right to stream music tracks that are available as part of the applicable Service(s) according to the terms specified during the registration process, and simultaneously have access to our broad range of editorial and contextual information about the artists you are listening to and their recordings (including audio and, as applicable, video). In order to access your Service(s), you must possess the hardware and software required by the Application, and be connected to the Internet. By subscribing to or accessing the Service, you are representing to us that you are authorized to use the credit card you submit for payment and that you reside in the United States. If you are a parent or guardian paying on behalf of a minor or other person, then you hereby agree to the terms of this Agreement and agree to take responsibility for the actions of said person, any charges associated with that person’s use of any of the Services, and that person's compliance with this Agreement. You agree to take such steps as are appropriate to ensure such compliance and will indemnify and hold FANLALA and its affiliates and distribution and syndication partners harmless from any breach of this Agreement.
Entertainment and content
We distribute music, games, videos, and other downloadable entertainment and we reserve the right to display and promote these products or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Fanlala service allows you and other third parties to post reviews or comments concerning the products distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through Fanlala are those of the respective authors or producers and not of Fanlala, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Fanlala, or its shareholders, directors, officers, directors, hired contractors or employees or Licensors be held liable for any loss or damage caused by your reliance on information obtained through Fanlala. It is your responsibility to evaluate the information, opinion, advice, or other content available through Fanlala.
All content provided and sold on Fanlala.com is for the personal use of its paid members. No content, products, services, etc can be re-sold or given to any third party without the written and express consent of Fanlala.com
Void Where Prohibited
Fanlala administers and operates the www.Fanlala.com Site from its location in Walnut Creek, California USA; other Fanlala sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Fanlala reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
If you choose to access the Site from outside the United States, you do so at your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Claims of Copy Right Infringement
It is the policy of Fanlala to respect the intellectual property rights of others. Fanlala does not promote, foster or condone the copying of music, videos, movies, TV shows, or other digitally delivered content or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement or you are aware of any infringing material available through Fanlala, or know of someone who is making unauthorized use of the content available through Fanlala, please notify us at copyright@Fanlala.com or mail your information to Fanlala corporate offices. Communications should include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material available through Fanlala that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. Fanlala will take action as it deems appropriate to remove any disputed content.
Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our service or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
- Your physical signature;
- Identification of the material that had been removed or disabled, including if applicable, the specific URLs where the material appeared before it was removed or disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Fanlala shall have the right to terminate the account of any member who posts infringing material.
Attn: DMCA Notification
2099 Mt. Diablo Blvd, Suite 204
Walnut Creek, Ca. 94596
Or email to: email@example.com, subject DMCA Notification
If you have any questions about these terms, or wish to report violators of these terms, contact support@Fanlala.com.
This document was last updated on January 31 2012.