Fab Song (“Company”, “we”, “our” or “us”) produces a TV show and website entitled “Fab Song” and invites music video submissions via our website www.fabsong.com (the “website”). Company offers various services to you, including but not limited to, as a broadcaster, digital exhibitor and/or reviewer, through the website, all of which are conditioned on your agreement to adhere to the following Terms and Conditions (“T&Cs”) without modification of any kind. Your use of the website and/or your registration with Company constitutes your agreement to these T&Cs. These T&Cs are subject to change at any time, without prior notice. Any changes that are made to these T&Cs will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these T&Cs on a regular basis. These T&Cs apply to all visitors and all who access our website or request our services.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Company reviews music videos by artists for possible broadcast on its program “Fab Song” (the “Program”) and/or any other program produced by Company. We will do our best to ensure that all videos are reviewed but cannot guarantee such. We cannot be held responsible for the failure to review any video or for the refusal to broadcast any video. We will use reasonable efforts to notify submitters of the decision of our review but cannot guarantee such notification. Nor can we be held liable for the actions of those using this service.
If a video is selected for broadcast then a submission fee of £99 will be charged and the video will be broadcast within the Program over four episodes, usually once per week. We cannot, however, be held accountable if the weeks are not successive. £99 is an introduction fee for April 2021 only and new submission fees may apply as from May 2021.
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&Cs, and to abide by and comply with these T&Cs. If you are under 18 years of age, then please do not use this website.
In our discretion, we may maintain different accounts for different types of users. If you open an account on behalf of your company, then (a) “you” includes you and your company, and (b) you represent and warrant that you are an authorised representative of your company with the authority to bind the entity to these T&Cs, and that you agree to these T&Cs on your company’s behalf. By connecting to Company with a third-party service (e.g., Google, Facebook or SoundCloud), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your authentication credentials for that third-party service. The service is not available to any user who has been removed by Company.
The “Service” means the product, platform or service provided or made accessible to you by Company for the review and possible broadcast and/or digital dissemination of music videos.
By registering and participating in this Service, you agree and represent as follows:
- • You are of legal age and are otherwise capable of forming a legally binding contract;
- • You agree to be financially responsible for your account and to comply with your responsibilities and obligations as stated in these T&Cs and in any policies or procedures posted on the website, including but not limited to those for deposits of funds, payment methods, and refunds at Company’s sole discretion;
- • All information you submit to Company or in connection with a Company service is accurate and complete and that you will maintain and promptly update any profile supplied to Company to ensure accuracy at all times;
- • You agree to be contacted via email by Company regarding Company’s services;
- • You hereby grant Company permission to email and/or display your profile and such other information as may be supplied by you to Company on or from Company’s website as Company shall deem advisable in its sole determination in connection with the Service for you;
- • By using the Service, you are granting Company permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services;
- • Whether as a broadcaster, digital exhibitor or reviewer, you agree that all orders placed are non-cancellable
3. Responsibility For User Content; Publisher Requirements
Company respects the rights of third-party creators and content owners. We do not condone a) physical harm of any kind against any group or individual; (b) engaging in activities or submitting materials that could be harmful to minors; (c) engaging in activity or submitting materials that harass or advocate harassment of another person; (d) engaging in activity, or submitting materials, or promoting information that is false, misleading or promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (e) engaging in unauthorised commercial activities and/or sales without Company’s prior written consent such as advertisements, solicitations, contests, sweepstakes, barter, and/or pyramid schemes; (f) using any robot, spider, other automatic device, or manual process to monitor, copy, or scrape or mine web pages for the content contained in the Company website or for any other unauthorised purpose without Company’s prior written consent; (f) using any device, software, or routine to interfere or attempt to interfere with the proper working of the website and/or the Service; (g) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (h) taking any action that imposes an unreasonable or disproportionately large load on the Service, website or Company’s hardware and software infrastructure or that of any of its licensors or suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are set forth herein, nor will you use this Service in violation of the law or these T&Cs.
4. Use of Third-Party Services
As a part of our Service, Company may offer links to web sites operated by various third parties and we are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Company does not operate or control in any way any information, software, products or services available on such third-party sites. Company’s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organisation.
5. Representations, Warranties and Indemnification
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit materials to the website and you hereby grant the licenses described in these T&Cs, (b) the materials are accurate, current and complete, (c) the materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You hereby indemnify, defend and hold harmless Company, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these T&Cs, and/or (d) any actual, prospective, completed or terminated service between you and a third party.
6. Disclaimers and Limitations
COMPANY INTENDS THAT THE INFORMATION CONTAINED IN ITS SERVICE BE ACCURATE AND RELIABLE; HOWEVER, ERRORS SOMETIMES OCCUR. IN ADDITION, COMPANY MAY MAKE CHANGES AND IMPROVEMENTS TO THE INFORMATION PROVIDED HEREIN AT ANY TIME. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” COMPANY AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE, WEBSITE AND/OR THE PROGRAM AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF COMPANY’S SERVICE IS AT YOUR OWN RISK. COMPANY AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF COMPANY’S SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH COMPANY, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING WITHOUT LIMITATION NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. COMPANY’S LIABILITY, AND THE LIABILITY OF COMPANY’S SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE MOST RECENT TWELVE MONTH. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN COMPANY AND YOU. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT ALWAYS APPLY.
Errors and Delays
COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS CAUSED BY AN INCORRECT E-MAIL ADDRESS PROVIDED BY YOU OR OTHER TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL.
7. Funding Your Account
You may fund your account in two ways: (1) via a credit card or (2) PayPal (“Deposited Funds”).
Payments are processed by PayPal using most major credit cards, or with your PayPal account. By default, payment information is stored safely on PayPal systems to make future transactions quick and easy.
Please note that if your account is inactive for a six-month period (i.e. you have not signed into your account, you have not added more Deposited Funds, then we may deem your account inactive. And archived or deleted. Company may, but has no obligation to, give you prior notice of such. OUR REFUND POLICY IS THAT NO DEPOSITED FUNDS ARE REFUNDABLE OR RETURNABLE.
Company reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including without limitation your breach of these T&Cs, any other terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Company at any time by delivering a written notice addressed to firstname.lastname@example.org You shall be responsible for ensuring delivery of the notice to Company.
Company shall not be obligated to store any data or files for more than ninety (90) days after termination of your access to the Service.
Company reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Company shall have no liability to you or any third party should Company modify or discontinue any service or an aspect thereof.
9. Dispute Resolution
Any claim or controversy arising out of or relating to the use of Company’s Service, to the goods or services provided by Company, or to any acts or omissions for which you may contend Company is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in London, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the UK Arbitration Act of 1996 as may be amended from time to time (the “Act”) or any other act in force at that time. The arbitrator shall be selected pursuant to the Act’s rules. The arbitrator shall apply the substantive laws of England and Wales, except that the interpretation and enforcement of this arbitration provision shall be governed by the Act. To begin the arbitration process, a party must make a written demand for arbitration. Each party shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in the UK. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
11. Copyright and Trademark Notices
All contents of the Service are copyrighted © 2021 Company. All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.
12. YouTube API Services
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.