Welcome to Trending.fm Inc. Terms of Service ("Trending Service", or the "Service").
The Service is licensed, not sold, to you by Trending.fm Inc. for use strictly in accordance with these Terms of Service. Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable license to install and use the Service on a mobile device owned by you for personal, non-commercial use.
The Service allows users to listen to, send and receive music to and from other users of the Service. In order to access and use the Service, you understand and agree that you will need to provide us with some personal information. You must provide a complete and accurate email. You also agree that in order to provide the Service, we may periodically access your contact list on your mobile device to find and keep track of mobile phone numbers of other users of the Service and you hereby give us your express consent to access your contact list. We do not collect names, addresses or email addresses, just mobile phone numbers. You, and not us, are solely responsible for your use of the Service, for any content you transmit via the Service, and for any consequences thereof, including the use of your content by other users. You understand that your content may be forwarded by user who received it to other users, and if you do not have the right to submit content for such use, it may subject you to liability. For example, if you use an audio track of a sound recording owned by a record label without that record labels permission, your content may be infringing the copyrights of others, and may be subject to removal and further claims. Any use or reliance on any content posted or obtained via the Service is at your own risk. We retain the right to create limits on use at our sole discretion at any time without prior notice to you.
Restriction on Use
By using the Service you undertake, including without limitation, not to: Use the Service in a manner or for any purpose that is unlawful, violates rules or regulations, or prohibited by these Terms of Service; Submit copyrighted material that is not your own or that you do not have the legal right to distribute and otherwise make available to others; Decompile, reverse engineer, disassemble, modify, enhance, translate, make derivative work of, attempt to derive the source code of, or decrypt the Service; Duplicate, transfer, give access to, copy or distribute any part of the Service in any medium; Use the Service in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Service; Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written consent; Use the Service to spam or solicit for commercial purposes any users of the Service; Collect or harvest and personal identifiable information, including phone numbers from the Service.
As a Trending.fm Inc. user you may not send, distribute or otherwise disseminate any material or content over the Service in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to copyrights.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If a copyright holder believes in good faith that his content has been copied in a way that infringes his rights, the copyright holder (or its agent) may send Trending.fm Inc. a written notice that includes (i) a physical or electronic signature of a the copyright owner or a person authorized to act on behalf of the owner; (ii) specific identification of the copyrighted work claimed to have been infringed;(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the mobile phone number of the user allegedly infringing the copyrighted work; (iv) your contact information, including your address, telephone number and an email address (v) a statement that the complaining party has 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 (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner of the exclusive right that is allegedly infringed. We reserve the right, in our sole discretion, to suspend or terminate, in appropriate circumstances, the Service to any user which we reasonably believe to be infringing third party copyright or other intellectual property rights. Copyright notices may be emailed to: firstname.lastname@example.org
The Service is owned and operated by Trending.fm Inc.. The source and object code of the Service and the format, directories, queries, algorithms, visual interface, design, structure and organization of the Service and all other elements of the Service is owned by or licensed to Trending.fm Inc. and is protected by international copyright, trade secrets and other intellectual property laws and conventions. Except for use of the Service as permitted under these Terms of Service, you are not granted any intellectual property rights in or to the Service and Trending.fm reserves all rights.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Trending.fm Inc., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, error free, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements. We will not be responsible or liable for any harm to your mobile device, loss of data, or other harm that results from you access or use of the Service.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Trending.fm Inc., nor its officers, shareholders, directors, employees, partners, agents, subsidiaries, suppliers, or affiliates, be liable for any damages, direct, indirect, special, punitive, exemplary or consequential (including loss of data), arising out of your use or inability to use the Service, and you agree to defend, indemnify and hold us harmless from and against any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from your violation of any third-party's rights, including without limitation, any copyright, property or privacy rights.
You agree to indemnify, defend and hold harmless Trending.fm Inc. from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorney's fees and costs) arising from: i) your violation of any term of these Terms of Service; ii) your violation of any third party right, including without limitation, any copyright, intellectual property, property or privacy right.
Third Party Services
Our Service may utilize or include third party software or links to third party services that are not owned or controlled by us and are subject to third party license terms. By using the service, you understand and agree that Trending.fm Inc. shall not be responsible or liable for any damages, claims or other liabilities arising from or related to your use of any third party services.
Ability to Accept the Terms of Service
The Service is not available to persons under the age of 13. By using the Service, you represent that you are at least 13 years of age. If you are 13 or older but under the age of 18, you must review these terms with your parent or guardian to make sure that you and your parent or guardian understand it. Governing Law. These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law. You and Trending agree to the exclusive jurisdiction of the courts of Los Angeles, USA to resolve any dispute, claim or controversy that arises in connection with these Terms of Service.
You may terminate the Service at any time, with or without cause, by uninstalling the application. We have the right to terminate your access to the Service without notice, if you fail to comply with the Terms of Service. In addition, we may, in our sole discretion, and at any time, discontinue providing the Service or any part thereof and may not be able to provide you with prior notice. Termination of the Service may result in deletion and destruction of all information associated with you and you agree that we will have no liability or responsibility to you. We recommend that you keep a back-up copy of it at all times. All provisions of these Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability
if any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service, or the application of such provisions to persons other than those to whom it is held invalid or unenforceable, shall not be affected and remain valid and enforceable to the fullest extent permitted by law.
You may not transfer, assign or sub-contract your rights and/or obligations under these Terms or Service. We may assign, transfer or sub-contract these Terms of Service and any rights and licenses granted hereunder, without restrictions or obtaining your consent.
Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, please do not use, access or continue to access the Service.
These Terms of Service were last modified in March, 2015.