Effective as of 1 January 2016
2 Changes to the Agreements
3 Enjoying FIXFIY
4 Rights we grant you
5 Third Party Applications
6 User-Generated Content
7 Rights you grant us
8 User guidelines
9 Infringement and reporting User Content
10 Service limitations and modifications
11 Brand Accounts
12 FIXFIY Support Community
13 Customer support
14 Export control
15 Payments, cancellations, and cooling off
16 Term and termination
17 Warranty and disclaimer
19 Third party rights
20 Entire agreement
21 Severability and waiver
24 Choice of law, mandatory arbitration & venue
25 Digital Wallet Terms and Conditions (Terms)
26 Contact us
28 Copyright Policy
29 End User Licence Agreement (EULA)
Thanks for choosing FIXFIY (“FIXFIY”, “we”, “us”, “our”). By signing up or otherwise using the FIXFIY service, websites, and software applications (together, the “FIXFIY Service” or “Service”), or accessing any content or material that is made available by FIXFIY through the Service (the “Content”) you are entering into a binding contract with the FIXFIY entity indicated at the bottom of this document. The FIXFIY Service also includes the FIXFIY Support Community as further described in the FIXFIY Support Community section.
The FIXFIY Service includes social and interactive features. Use of the FIXFIY Service relies on several technical requirements.
Please read the Agreements carefully. They cover important information about FIXFIY Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the FIXFIY Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to FIXFIY is true, accurate, and complete, and you agree to keep it that way at all times.
If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions:
|Chile, Ecuador, Paraguay, Peru
|Must be 18 or older, or be 15 or older and have parent or guardian consent.
|Must be 18 or older, or be 16 or older and have parent or guardian consent.
|Must be 20 or older, or be 13 or older and have parent or guardian consent.
|Bulgaria, Hungary, Germany
|Must be 18 or older, or be 14 or older and have parent or guardian consent.
|Must be 13 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 13 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you).
|Must be 18 or older, or if 13 to 18, parent or guardian consent is required, and guardian enters into agreement.
|Must be 13 or older to use Service. For Paid Subscriptions, you must be 18 or older, or be 14 or older with parent or guardian consent. If you are 13 to 18, guardian enters into agreement.
|Must be 13 or older to use Service. For Paid Subscriptions, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent.
|Must be 14 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 14 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you).
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
Here’s some information about all the ways you can enjoy FIXFIY.
FIXFIY provides streaming services offering a selection of music and other content. Certain FIXFIY services are provided to you free-of-charge. Other FIXFIY services require payment before you can access them. The FIXFIY services that may be accessed after payment are currently referred to as the “Premium Service” and the “Unlimited Service” (together, the “Paid Subscriptions”). The FIXFIY service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.
The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.
If you reside in Turkey, your access to the Free Service may be limited to a fixed amount of listening hours per month.
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of FIXFIY for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). FIXFIY reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR FIXFIY ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR FIXFIY ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR FIXFIY ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR FIXFIY ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, FIXFIY WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
The FIXFIY Service and the Content are the property of FIXFIY or FIXFIY's licensors. We grant you a limited, non-exclusive, revocable licence to make use of the FIXFIY Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or FIXFIY. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the FIXFIY Service or the Content.
The FIXFIY software applications and the Content are licensed, not sold, to you, and FIXFIY and its licensors retain ownership of all copies of the FIXFIY software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All FIXFIY trademarks, service marks, trade names, logos, domain names, and any other features of the FIXFIY brand (“FIXFIY Brand Features”) are the sole property of FIXFIY or its licensors. The Agreements do not grant you any rights to use any FIXFIY Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the FIXFIY Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, FIXFIY grants no right, title, or interest to you in the FIXFIY Service or Content.
Third party software (for example, open source software libraries) included in the FIXFIY Service are licensed to you either under the Agreements or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and/or on our website.
The FIXFIY Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that FIXFIY does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
FIXFIY users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the FIXFIY Support Community as well as any other part of the FIXFIY Service.
You promise that, with respect to any User Content you post on FIXFIY, (1) you have the right to post such User Content, and (2) such User Content, or its use by FIXFIY as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by FIXFIY or any artist, band, label, entity or individual without express written consent from such individual or entity.
FIXFIY may, but has no obligation to, monitor, review, or edit User Content. In all cases, FIXFIY reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in FIXFIY’s sole discretion, violates the Agreements. FIXFIY may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. FIXFIY is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST FIXFIY RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD FIXFIY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the FIXFIY Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the FIXFIY Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to FIXFIY (e.g. podcasts) may contain advertising as part of the Content. In such cases, FIXFIY will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to FIXFIY in connection with the FIXFIY Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize FIXFIY to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant FIXFIY a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
FIXFIY respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure FIXFIY stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
Please respect FIXFIY, the owners of the Content, and other users of the FIXFIY Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your FIXFIY account. You also agree that FIXFIY may also reclaim your username for any reason.
Please be thoughtful about how you use the FIXFIY Service and what you share. The FIXFIY Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on FIXFIY or across the web, so please use FIXFIY carefully and be mindful of your account settings. FIXFIY has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
FIXFIY respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see FIXFIY’s copyright policy. If FIXFIY is notified by a copyright holder that any Content infringes a copyright, FIXFIY may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to FIXFIY with a request to restore the removed content.
If you believe that any Content does not comply with the User guidelines, please notify FIXFIY.
FIXFIY will make reasonable efforts to keep the FIXFIY Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, FIXFIY reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the FIXFIY Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the FIXFIY Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that FIXFIY permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), FIXFIY will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that FIXFIY has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. FIXFIY and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
If you establish a FIXFIY account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable.
If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licences provided in the Agreements and to bind the Brand to the Agreements.
The Brand may only follow users who first follow the Brand; and the Brand may not take any action that implies an endorsement or relationship between the Brand and the followed user, unless the Brand has independently obtained the rights to imply such an endorsement. Upon FIXFIY’s request, in its sole discretion, a Brand must cease following a user.
The Brand may not stream media.
The Brand may only send messages to users who first send messages to the Brand.
The Brand may not create or share any FIXFIY playlists, whether within the FIXFIY Service or elsewhere, that imply an endorsement or relationship between the Brand and any artist or any other party, unless the Brand has independently obtained the rights to imply such an endorsement. Brands may wish to consult FIXFIY’s.
The FIXFIY Support Community is a place for discussions and exchange of information, tips, and other materials related to the FIXFIY Service. In order to use the FIXFIY Support Community, you must (1) have an existing FIXFIY account; and (2) authenticate your FIXFIY account for use on the Support Community (a “FIXFIY Support Account”). Instructions for creating a FIXFIY Support Account can be found on the Community registration page. In addition to the Agreements, you also agree to adhere to the FIXFIY Support Community Guidelines that you will be presented with upon registration (the “Support Community Guidelines”) when using the FIXFIY Support Community. If you do not agree to the Agreements or the Support Community Guidelines, you may not use the FIXFIY Support Community.
By creating a FIXFIY Support Account, you confirm that any registration information that you submit to FIXFIY is true, accurate, and complete and that you will update such information in order to keep it current. It is strictly prohibited to include information in your profile that suggests that you are a FIXFIY employee or moderator or to otherwise pose as such an employee or moderator when using the FIXFIY Support Community. You also acknowledge and agree that FIXFIY may remove or reclaim your username at any time if FIXFIY in its absolute discretion considers such action appropriate.
No User Content or other content posted by FIXFIY employees, moderators and/or representatives on the FIXFIY Support Community should be construed as official support provided by FIXFIY. For details regarding official support, see the section Customer Support. Any content provided or made available to you on the FIXFIY Support Community by FIXFIY employees, moderators, and/or representatives is provided on an “as is” basis without warranties of any kind.
You acknowledge that opinions expressed in User Content on the FIXFIY Support Community are those of contributors of such User Content only and do not reflect the opinions or policies of FIXFIY or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors.
The FIXFIY Support Community features a reward system whereby FIXFIY, in its sole discretion, may reward users based on the amount of “Kudos” received or quality of responses by a user. You agree to only give Kudos to other users (and not to yourself) and only when deserved, and to refrain from any attempts to manipulate the reward system, e.g., by creating multiple accounts or artificial responses. You acknowledge that FIXFIY’s decision in respect of any reward shall be final and binding.
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
FIXFIY’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from FIXFIY under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
Paid Subscriptions can be purchased directly from FIXFIY or through a third party, such as a telephone company, either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the FIXFIY Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
When you register for a Paid Subscription, Trial, or Code online, you consent to get access to FIXFIY Premium immediately. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed FIXFIY at any time during the Cooling-off Period.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to FIXFIY will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed FIXFIY during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must email email@example.com. with the following information
I hereby give notice that I withdraw from my contract for the provision of my FIXFIY paid subscription.
If you have purchased your Paid Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party.
FIXFIY may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the FIXFIY Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the FIXFIY Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
The Agreements will continue to apply to you until terminated by either you or FIXFIY. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. FIXFIY may terminate the Agreements or suspend your access to the FIXFIY Service at any time, including in the event of your actual or suspected unauthorised use of the FIXFIY Service and/or Content, or non-compliance with the Agreements. If you or FIXFIY terminate the Agreements, or if FIXFIY suspends your access to the FIXFIY Service, you agree that FIXFIY shall have no liability or responsibility to you and FIXFIY will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your FIXFIY account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE FIXFIY SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE FIXFIY SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIXFIY AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER FIXFIY NOR ANY OWNER OF CONTENT WARRANTS THAT THE FIXFIY SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, FIXFIY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE FIXFIY SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT FIXFIY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE FIXFIY SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM FIXFIY SHALL CREATE ANY WARRANTY ON BEHALF OF FIXFIY IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE FIXFIY SERVICE IS TO UNINSTALL ANY FIXFIY SOFTWARE AND TO STOP USING THE FIXFIY SERVICE. WHILE FIXFIY ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO FIXFIY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FIXFIY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE FIXFIY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER FIXFIY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE FIXFIY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO FIXFIY DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits FIXFIY’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and FIXFIY, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and FIXFIY only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Other than as stated in this section or as explicitly agreed upon in writing between you and FIXFIY, the Agreements constitute all the terms and conditions agreed upon between you and FIXFIY and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the FIXFIY Service may be governed by additional agreements. That could include, for example, access to the FIXFIY Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on FIXFIY’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by FIXFIY or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive FIXFIY’s or the applicable third party beneficiary’s right to do so.
FIXFIY may assign the Agreements or any part of them, and FIXFIY may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold FIXFIY harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the FIXFIY Service; and (4) your violation of any law or the rights of a third party.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
Further, you and FIXFIY agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). (In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well. This is indicated in the chart as well.)
|Choice of Law
|Laws of Sweden
|Exclusive; Courts of Local Country
|Laws of Sweden
|Non-exclusive; Courts and other tribunals in the Republic of Turkey
|Laws of Brazil
|Exclusive; State and Federal Courts of São Paulo, State of São Paulo, Brazil
|Laws of the Province of Ontario
|Exclusive; Courts of Ontario, Canada
|United States, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay
|State of California, United States
|Exclusive; State and Federal Courts of San Francisco County, CA or New York, NY
|Estonia, Hong Kong, Latvia, Lithuania
|Laws of Sweden
|Non-exclusive; Courts of Sweden
|Laws of Spain
|Exclusive; Courts of the consumer’s current domicile in Spain.
|All remaining countries
|Laws of Sweden
|Exclusive; Courts of Sweden
FIXFIY does not accept any codes of conduct as mandatory in connection with the services provided under these Agreements.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FIXFIY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and FIXFIY agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 24.3. is enforceable, the following mandatory arbitration provisions apply to you:
You and FIXFIY agree that any dispute, claim, or controversy between you and FIXFIY arising in connection with or relating in any way to these Agreements or to your relationship with FIXFIY as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding clause (24.3.1) above, you and FIXFIY both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
Either you or we may start arbitration proceedings. Any arbitration between you and FIXFIY will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of California, United States, without regard to choice or conflicts of law principles.
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or FIXFIY may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or FIXFIY shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, FIXFIY shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by FIXFIY in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor FIXFIY shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
In the event that FIXFIY makes any future change to this arbitration provision (other than a change to FIXFIY's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to FIXFIY's address for Notice, in which case your account with FIXFIY shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If the class action waiver at Section 24.2 is found to be unenforceable in arbitration or if any part of this Section 24.3 is found to be invalid or unenforceable, then the entirety of this Section 24.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any action arising out of or related to the Agreements.
If you have any questions concerning the FIXFIY Service or the Agreements, please contact FIXFIY customer service by visiting the About Us section of our website.
Thank you for reading our Terms. We hope you enjoy FIXFIY!
Effective as of 1 January 2016
2 Key highlights of what you’re consenting to
3 The information we collect
4 How we use the information we collect
5 Sharing information
6 Your preferences
7 Transfer to other countries
11 Accessing and updating user information
13 Information about cookies, other technologies, and third-party data collection
All the information we collect is related to providing the FIXFIY service and its features.
Broadly speaking, there are two categories of information we collect: 1) information that we must have in order for you to use FIXFIY; and 2) information that we can use to provide additional features and improved experiences if you choose to share that information.
The first category includes:
The second category includes information that enables us to offer you additional features. We never receive any of the following information unless you expressly choose to share it with us. It’s as simple as that. Here are some examples:
We will be clear with you about how and when we might share information.
In some contexts, we will share certain information. For example, like most services, if you sign up for FIXFIY through a third party like Facebook or a mobile provider, we share some information with them and they share some information with us in order to enable your account. And we also share de-identified information with our music industry partners to help them understand how the content they license to us is performing, with marketing partners who help us with promotional efforts, and with advertisers that allow us to offer a free service. There also may be times when you want us to share information. For example, when you make playlists, you might want those playlists to be visible to your friends… and you might not. Similarly, you can ask us to share information (like your email address) with artists or record labels, or other partners who may want to directly send you news or promotional offers, but you can also revoke that permission at any time.
By using or interacting with the Service, you are consenting to:
We may collect and store the following information—
When you sign up for the Service, we may ask you for information such as your username, password, email address, date of birth, gender, address, postal code, and country. If you connect to the Service using credentials from a Third Party Application (as defined in the Terms and Conditions of use) (e.g., Facebook), you authorise us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your Third Party Application account, including, for example, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks.
You may also choose to voluntarily add other information to your profile, such as your mobile phone number and mobile service provider.
When you use or interact with the Service, we may use a variety of technologies that collect information about how the Service is accessed and used. This information may include:
Other websites may integrate FIXFIY widgets (such as the FIXFIY Play Button or FIXFIY Follow Button). When you visit a site with a FIXFIY widget embedded, we may receive certain information, including information about the web page you visited. FIXFIY and the widget can recognise you, and the widget may be used to show personalised content or advertising. We know when you interact with a widget, and websites containing the widgets may receive this information.
If you sign up for a Trial (as defined in the Terms and Conditions of use), purchase any of our Paid Subscriptions (as defined in the Terms and Conditions of use), or make other purchases through the Service, your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by us and/or the payment processors with which we work. We may also collect some limited information, such as your postal code, mobile number, and details of your transaction history, all of which are necessary to provide the Service. In addition, the payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and certain digits of your card number.
If you choose to pay by invoice, FIXFIY may need to collect and store additional information, like your name, date of birth, and phone number, and provide it to payment processors we work with to issue invoices, to enable credit checks and to send you invoices.
We may also receive information about you from our service providers and partners, which we use to personalise your FIXFIY experience, to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you. We also use this information as explained in the section How we use the information we collect below.
Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:
This section describes how the information collected or generated through your use of the FIXFIY service may be shared by you or by us.
The FIXFIY Service is a social service that offers many ways to find, enjoy, and share content. We encourage you to take advantage of these social features with others on the Service.
Your name and/or username, profile picture, who you follow, who follows you, and your FIXFIY user profile will always be publicly available.
Playlists created or followed, your activity on the Service (e.g., what you listen to, music you share), recently played artists, your top tracks, your top artists, and User Content you post, upload, and/or contribute to the Service are made publicly available by default. Your activity on the Service (e.g., what you listen to, music you share) will automatically appear on the Service and will, for example, be accessible by users who follow you or view your FIXFIY profile. If you create a playlist, the playlist will be publicly displayed by default, which means that it will also be displayed publicly in third-party search engine results and may appear together with other public profile information, such as your picture and name and/or username. Although this information is made public by default, in Your preferences below, we describe the controls that you can use, along with other relevant settings associated with your FIXFIY account, to limit the sharing of your information.
Please remember that certain information is always publicly available, which means that it can be accessed by Third Party Applications through our APIs and developer tools. Based on your permissions, some additional information can be shared with Third Party Applications and with others through Third Party Applications. For example, you can use your settings to control whether your FIXFIY activity is posted to Facebook. Similarly, you may consent to provide Third Party Applications with access to your email address, subscription status, location, birthday, or similar information, upon their request.
We may use your public information to promote the Service and to help others find and follow you and/or your FIXFIY content, including through Facebook and other Third Party Applications and on websites that embed FIXFIY widgets. Your information may be used to notify others, including within the Service, via email, and through Facebook and Third Party Applications, about your use of the Service (e.g., that you have joined FIXFIY or activity related to a FIXFIY profile, such as adding or removing tracks from a playlist).
With your explicit permission, we may notify other users of your location. Likewise, with other FIXFIY users’ explicit permission, we may notify you about their whereabouts. We may offer you the ability to share this information to create shared experiences.
Learn more about how to manage notifications, your publicly available information, and what you share with others in Your preferences below.
If you connect your FIXFIY account to a Third Party Application, FIXFIY may automatically share your activity and activity-related stories with that service, including the content you consume. You understand and agree that that such information may be attributed to your account on the Third Party Application and may be published on such service. Although this information may be automatically shared by default, we inform you of the controls that you can use to limit the sharing of this information in the section Your preferences below. The Third Party Application may also provide similar controls.
If you log into a Third Party Application with your FIXFIY account, that Third Party Application may have access to certain information such as your playlists, content saved, and activity. With your explicit permission, we may also share additional information such as your email address, subscription status, location, or birthdate with such Third Party Applications.
FIXFIY also enables you to share a particular item of content or a playlist that you have created, on an individual basis, to Third Party Applications, other third party services, other FIXFIY users, and others. Please note that if you share content to a Third Party Application or a third party service, it will be viewable by others within the FIXFIY Service, regardless of your FIXFIY account settings.
When you register for a FIXFIY Support Account on the FIXFIY Support Community, we will ask you to create a specific FIXFIY Support Community username, which will be publicly displayed to anyone who accesses the FIXFIY Support Community. If you choose not to create such a username, your FIXFIY username or your Facebook display name will be publicly displayed when you post User Content.
We may share information with advertising partners in order to send you promotional communications about FIXFIY or to show you more tailored content, including relevant advertising for products and services that may be of interest to you, and to understand how users interact with advertisements. The information we share is in a de-identified format (for example, through the use of hashing) that does not personally identify you.
Please see the section Information about cookies, other technologies, and third-party data collection below for information about the cookies and other technologies that we and third parties use to serve you more relevant ads and your options.
The FIXFIY service allows you to listen to fully-licensed streaming content. FIXFIY shares information with the rights holders that license this content to FIXFIY. The data that FIXFIY shares is in a de-identified format that does not identify you directly, unless you opt in to the sharing of your personal information.
If you access the FIXFIY Service through an offer that you received or purchased from a third party such as your mobile network operator, we may also share information with that third party about your use of the FIXFIY Service, such as whether and to what extent you have used the offer, activated a FIXFIY account, or actively used the Service.
In addition to the above, we may also share your information with third parties for these limited purposes:
We provide you with settings to allow you to choose which communications you receive from us, manage your public information, and set your sharing preferences. However, as explained in the section Sharing by you, certain information may always be publicly available to others and other information is made publicly available to others by default. And if you share information to a Third Party Application, that information is viewable on FIXFIY, regardless of how you set your privacy settings.
To change whether certain information is publicly available, you can adjust the settings in your account.
Information that is publicly available, such as playlists, may be used, re-shared, or linked to by others on the Service or across the web, so please use FIXFIY carefully and be mindful of your settings. Remember that even if you remove a playlist or make a playlist private, others who already subscribe to it or who otherwise have access to it (e.g., via a link) may still have access to it. Also keep in mind that playlists and other information added to your profile may include personal information, such as username, which could enable other persons to find you within the FIXFIY Service or other services.
We may display advertisements from third parties and other content that links to third party websites. We cannot control or be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your personal information.
We are committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and log out after having used the FIXFIY Service. While we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information.
The FIXFIY Service is not directed to children under the age of 13. (In some countries, stricter age limits may apply. See our Terms and Conditions of use.) We do not knowingly collect personal information from children under 13 or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, do not use the Service and do not provide any personal information to us. If you are a parent of a child under the Age Limit and become aware that your child has provided personal information to FIXFIY, please contact us at privacy@FIXFIY.com and you may request exercise of your applicable access, rectification, cancellation, and/or objection rights.
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the firstname.lastname@example.org
A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognise your device the next time you visit their website. There are other similar technologies such as pixel tags (transparent graphic images placed on a web page or in an email, which indicate that a page or email has been viewed), web bugs (similar to pixel tags), and web storage, which are used in desktop software or mobile devices.
There are also technologies such as mobile device identifiers and SDK integrations to help companies recognise your device when you return to an app or otherwise use the a service.
We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device for a set period of time or until you delete them). We use the following types of cookies for the purposes explained in this chart:
|These cookies are necessary to allow us to operate the FIXFIY Service as you have requested. For example, they let us recognise what type of subscriber you are and then provide you with services accordingly.
|Performance / Analytics
|We use these cookies to analyse how the FIXFIY Service is accessed, is used, or is performing. We use this information to maintain, operate, and continually improve the FIXFIY Service. We may also obtain information from our email newsletters, including whether you opened or forwarded a newsletter or clicked on any of its content. This information tells us about our newsletters' effectiveness and helps us ensure that we're delivering information that you find interesting.
|These cookies let us operate certain functions of the FIXFIY Service in line with the choices you make. These cookies mean that when you continue to use or come back to the FIXFIY Service, we can provide you with our services as you have asked for them to be provided, such as knowing your username, remembering how you have customised our services, and reminding you of content you have enjoyed.
|Targeting / advertising
|We use these cookies to serve you with advertisements that may be relevant to you and your interests. The information may also be used for frequency capping purposes (e.g., to ensure we do not display the same advertisement to you repeatedly) and to help us regulate the advertisements you receive and measure their effectiveness.
|We work with web publishers, advertising networks, and service providers to deliver FIXFIY ads on other web sites and services. Cookies may be used to serve you with advertisements that may be relevant to you and your interests on other web sites and services and to regulate the advertisements you receive and measure their effectiveness.
Please note that if you choose to block cookies, doing so may impair the FIXFIY Service or prevent certain elements of it from functioning.
There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals. We use the AdChoices Icon on our website, and it may also appear on certain targeted advertisements that we (or a service provider acting on our behalf) send to you based on information about your online activities. You may click on the AdChoices icon or visit aboutads.info to receive more information about the collection and use of information about your online activities for online behavioral advertising or to learn how to opt out of having your data used for online behavioral advertising by Digital Advertising Alliance (DAA) participating companies. Canadian users can also visit youradchoices.ca. European users can also visit youronlinechoices.com to learn how to opt out of having their data used for online behavioral advertising by European Interactive Digital Advertising Alliance (EDAA) member companies.
Another available tool is the Network Advertising Initiative’s (NAI) Opt-Out Tool at networkadvertising.org/choices. This allows you to opt out from the use of information about your online activities for online behavioral advertising by NAI member companies.
On your mobile device, you may also have a “Limit Ad Tracking” setting (on iOS devices) or a setting to “Opt out of Interest-Based Ads” (on Android) which allows you to limit the use of information about your use of apps for purposes of serving ads targeted to your interests.
Please note that even if you opt out using the mechanisms above, you may still receive advertisements when using the FIXFIY Service.
We work with advertising partners to serve advertisements on the FIXFIY Service. One of the services we use to track activity related to the Service, e.g., by placing cookies, is Google Analytics by Google (Google, Inc. a company headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). We may use vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on your past visits to our websites, including Google Analytics for Display Advertising. Google provides tools to manage the collection and use of certain information by Google Analytics at tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings at google.com/settings/ads.
You hereby consent to the use of the cookies and other technologies described above.
FIXFIY is an Ethiopian entertainment service provider; dedicated to present Ethiopian films and music with a highest unmatched quality.
Our main objective is to support the Ethiopian Film and Music industy by introducing the audience to the industry.
FIXFIY's objective is towards building audience that support the Ethiopian film and music industry financially, in return of enjoying quality contents.
We take copyright violation very seriously and protect the rights of legal copyright owners.
If you are the copyright owner of content that is on FIXFIY, send us a written infringement notice to email@example.com.
We will process your request and remove the infringing content within 7 working days.
Please include the following in your notice:
These terms and conditions ("Terms") govern your access to and use of the FIXFIY mobile application (the "App") and its related services provided by FIXFIY Ltd. ("FIXFIY," "we," "us," or "our"). Please read these Terms carefully before using the App.
By downloading, installing, or using the App, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the App.
Subject to your compliance with these Terms, FIXFIY grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use on a mobile device that you own or control. You may not:
To use certain features of the App, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify FIXFIY immediately of any unauthorized use of your account or any other breach of security.
FIXFIY may from time to time provide updates to the App. These updates may include bug fixes, feature enhancements, and other improvements. You agree to install and use the latest version of the App provided by FIXFIY.
The App is provided on an "as-is" and "as-available" basis without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the fullest extent permitted by applicable law, FIXFIY shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
FIXFIY reserves the right to terminate or suspend your account and access to the App at any time, with or without cause, and without notice. Upon termination, your right to use the App will immediately cease.
These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.