Terms of use

Music Lobster Limited ("Music Lobster", "we", "our" or "us") operates the Supafanz platform, including the website (the "Site") and app (the "App"), that allow you to follow and interact with your favourite artists (collectively, "Artists"), and offers certain other features, content, or contests from time to time (collectively, "Additional Features") (the Site, App, and Additional Features are together referred to as the "Services").

This Terms of Use Agreement ("Agreement") includes our policy for acceptable use of the Services and governs your rights, obligations and restrictions regarding your use of the Services. You are only authorised to use the Services if you agree to abide by all applicable laws and this Agreement. By using the Services, you agree to be bound by this Agreement.

Because your privacy is important to us, this Agreement also incorporates, by this reference, our Privacy Policy which explains how we collect and use your content and information. Please read the Privacy Policy. In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions and such additional terms are hereby incorporated into this Agreement by this reference but such additional terms and conditions shall control solely for the applicable Service.

We may modify this Agreement from time to time and such modification shall be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.

I. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION

In order to access many of the features of the Services, you will be required to register an account (an "Account"). When creating or updating an Account, you are required to provide us with certain personal information, which may include your name and e-mail address. This information will be held and used in accordance with our Privacy Policy.

You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.

You are responsible for (i) keeping confidential any password that you created to use any aspect of the Services requiring registration and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorised use of any part of your Account. Although we will not be liable for your losses caused by any unauthorised use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our Artists, third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, "Supafanz Providers") due to such unauthorised use.

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.

II. VIRTUAL OFFERINGS / LOYALTY LEVELS

The Services may allow you to purchase certain products, services, or experiences ("Virtual Offerings"). Anything made available for purchase will be on specified pages of the Site, within the App, or otherwise as indicated through the Services. The price of any product or service purchased through the Services will be the price specified at the time of your purchase.

Where you download any Virtual Offering you do this on the basis that at the time of order you agree to the immediate download of the Virtual Offering and you waive your right to change your mind under the Consumer Contracts Regulations 2013 or any equivalent legislation in the country in which you live.

As you use certain Services, you will gain "Loyalty" tied to the Artists you are engaged with. The more engaged you are with your Artists, the more points you will gain in each.

III. ONLINE CONDUCT

You, as a user, agree to use the Services only for lawful purposes. Specific prohibited activities include, but are not limited to:

  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • promoting illegal or tortuous activities or conduct that is abusive, threatening, obscene, defamatory or libellous; attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
  • using cheats, automation software, bots, hacks, mods or any other unauthorised software designed to modify or interfere with the Services; using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below). interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  • attempting to impersonate another user or person;
  • soliciting personal information from anyone under 18;
  • collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
  • using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
  • using any information obtained from the Services in order to harass, abuse, or harm another person, whether a user or an Artist;
  • using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
  • using the Services in a manner inconsistent with any and all applicable laws and regulations. Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone. Access or use a third party account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder of the original account creator. Utilize multiple accounts, manual procedures, bots, scripts or other processes in order to accumulate or "farm" or Loyalty levels. Use the Services a commercial manner.
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services.

IV. CONTENT

A. Proprietary Rights
With the exception of content posted by users of the Services ("User Content"), all materials contained on the Services, including all content, the software, graphics, text and look and feel of the sites, and all trademarks (including SUPAFANZ), copyrights, patents and other intellectual property rights related thereto ("Proprietary Materials"), are owned or controlled by Music Lobster, our subsidiaries or affiliated companies, Artists, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services. You agree not to use the Service for any other purpose.

B. Distribution/Uploading Of Content

You are prohibited from posting on or transmitting through the Services (e.g., through uploaded content, a chat or user forum, or comment posted through the Services) any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, or offensive. Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Services any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.

By submitting content or materials ("Your Content") to us through the Services, including, without limitation, uploading any materials, choosing a username, or participation in any chats or forums, you automatically grant us and our Artists, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content and your username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing you as the winner of a sweepstakes/contest or including you in leaderboards. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Services and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Services (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted. The foregoing is subject to the provision regarding Unsolicited Submissions below.

Subject to these grants, you retain any and all rights which may exist in Your Content.

We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Services; (iii) to protect the rights or property of Music Lobster and our officers, directors, employees and agents; or (iv) to protect the Supafanz Providers and any other user.

C. Representations and Warranties

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.

D. Third-Party Content & User Content

You acknowledge that Music Lobster is an online service provider that may post content supplied by third parties and users. We do not practice editorial control over the content posted by such third parties (including User Content). Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of Music Lobster or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Services by anyone other than Music Lobster.

Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Services retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.

E. Unsolicited Submissions

We are pleased to hear from our customers and welcome their comments regarding our Services. We do not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or our Artists seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us or our Artists any original creative materials such as scripts or music. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If, despite our request that you not send us or our Artists any other creative materials, you send creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), you give us and our Artists a perpetual, irrevocable, royalty free license to utilize and make derivative works based on the Unsolicited Submissions in any manner and media. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of us or our Artists, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval.

V. NON-COMMERCIAL USE

The Services are for your personal use only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. Any use of the Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Services, is prohibited.

VI. ELECTRONIC COMMUNICATIONS

When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

VII. LINKS

The Services may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.

We reserve the right to disable links from or to third party sites.

VIII. THIRD-PARTY MERCHANTS / PROVIDERS

The Services may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services.

In addition, the Services may prompt you to establish an account with a third party service provider not owned or operated by us. Your agreement and understanding with any such third party service provider is solely between you and such service provider. We will not be a party to or in any way be responsible for your agreement with such third-party service provider. Any disputes you may encounter with such third party service provider shall be settled solely between you and the service provider.

IX. DISCLAIMERS AND LIMITATION OF LIABILITY

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you whether arising under contract, tort (including negligence) breach of statutory duty or otherwise and/or for any loss of profit, loss of business, business interruption, or loss of business opportunity whether arising directly or indirectly. We also exclude all implied warranties to the extent permitted by law between business parties.

X. LEGALITY

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Services, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.

XI. APPLICABLE LAW; JURISDICTION

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

XII. SEVERABILITY

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

XIII. OTHER IMPORTANT TERMS

This Agreement is deemed accepted upon any use of any of the Services.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

XIV. ABOUT US

We are Music Lobster Limited a company registered in England and Wales. Our company registration number is 09513739 and our registered office is at The Oakley, Kidderminster Road, Droitwich, Worcestershire, United Kingdom, WR9 9AY. Our registered VAT number is [208860794].

You can contact us via the app by following the link within settings or by directly by email at support@supafanz.com or in writing to The Oakley, Kidderminster Road, Droitwich, Worcestershire, United Kingdom, WR9 9AY

Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please e-mail us at support@supafanz.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.

XV. THIRD PARTY MARKETPLACES

These Terms of Use are between you and Music Lobster only, not with Apple, Facebook, Google or any other third party through which you may have accessed or purchased the Services ("Marketplaces"). The Marketplaces are not responsible for the Services. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the Services. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the Services. The Marketplaces are not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that the Services infringe upon a third party’s intellectual property rights.

XVI. AGE OF USERS

We do not intend the Services to be used by minors under the age of 13. Furthermore, we do not market the Services for use by minors under the age of 13. If we learn that a user under the age of 13 has registered for an Account, that user’s Account will be terminated. If you are between the ages of 13 and 18, you must obtain your parent or legal guardian’s permission before establishing an Account or making use of the Services. By doing either, you represent that your legal guardian has reviewed and agreed to this Agreement.

XVII. MODIFICATION

We reserve the right to make changes to the Services, posted policies and these Terms of Use at any time without notice other than the reposting of the modified Terms of Use so check back frequently.

Please contact us at info@Supafanz.com with any questions regarding this Agreement.

2017 Supafanz