Phann Music Terms of Use

Phann Music Terms of Use

Welcome to Phann Music (“Phann Music”, “we”, “us” or “our”).

 

Please take the time to read our Terms of Use carefully.

By creating an account or using the Phann Music mobile app (the ‘”App”), website  (the “Website”), and any software provided on, or in connection with Phann Music services (the “Services”), you indicate your agreement to be bound by these terms of use of use (“Terms of Use”). If you don’t agree with any of these Terms of Use, then you may not use the Service.

We may edit or update our Terms of Use at any time, so please review it continually. Any changes will always be available on the website so that you are always aware of the changes. We may provide you extra forms of notice of updates or adjustments, if deemed appropriate. This will be done by email correspondence. By continually using Phann Music or the Service after any adjustments signifies your acceptance of such adjustment.

 

Basic Terms of Use for Phann Music

1.     Phann Music requires users to be at least 14 years of age, any profiles created by users under the age of 14 will be removed by admin and the user will be notified. If you are under the age of 18, you must have your parent’s or guardian’s consent to the terms outlined in the policies.

2.     To create a safe space for all users, Phann Music will not tolerate any violent, hateful, racially or sexually discriminatory, pornographic, nude, partially nude, unlawful or sexually suggestive content. The uploading of content that solicits any of this behaviour will be immediately removed by admin and the users will be notified. If the actions of the users are infringing to a point where authorities are required, we will do so.

3.     You may not grant permission to anyone other than yourself to login to your account. You may share accounts if you require for the purpose or benefit of a business or collaborative project that may involve one or more user, however shared accounts are not recommended outside of this scope. You also agree to provide true and complete registration information to Phann Music and this information is to be maintained that way always. 

4.     Phann Music will not allow users to create profiles through any services that may include but are not limited to bots or automated profile creation services.

5.     The interruption of the Phann Music service and our servers will absolutely not be tolerated. The input of malicious services like worms, bugs, bots, spyware, adware, malware viruses or anything else of destructive and/ or disruptive nature will require us to take legal action. Accordingly, the injection of code into our system will imply the same consequences.

6.      You are solely responsible for all activity on your account this includes but is not limited to: photos, videos, statuses, music, music videos, sounds, images, graphics, links and more.

7.     You may not transfer any login credentials, phanns, or license to another user. You are responsible for keeping your password safe but breaching this can be resolved through the ‘forgot password’ tab on login.

8.     Phann Music requires certain things like real name(s), banking details, contact details and general location to allow you a more beneficial experience. As such, we require your cooperation and honesty when filling out this personal information. Any accounts that we believe to be impersonating others or providing fake details will be followed up and if necessary removed from the application.

9.     We are strongly against any form of bullying, harassment, sexual advances, impersonation, defaming, stalking, threatening and all other forms of unwarranted and unwelcomed behaviour. Doing so will result in the deactivation of your account and potential authoritative intervention.

10.  Phann Music will not tolerate any illegal activity through the application, by signing up and becoming a user with us you are agreeing to comply with all laws, rules and regulations applicable to your use. This is inclusive of copyright laws when uploading music to the system.

11.  As a Phann users you agree to respect the creative works of other users. You are not permitted to steal or copy another user’s media – the collaborative works may be shared if more than one party is involved, but re-uploading a song or film that is not yours will not be tolerated.

12.  You as a user may not in any way falsely imply that you are associated with Phann Music.

13.  You may not use URL’s as usernames and subsequently may not create email comments or spam comments harassing users in any way. Doing so will likely result in suspension or complete deactivation based on the severity of the issue.

14.  As an artist, you and you alone are responsible for the uploading of your music content. We will not tolerate stolen music or video clips and it is your responsibility to ensure you are legally permitted to claim ownership to your music, sounds and lyrics.

15.  As an artist who has/ is uploading music to the service you are volunteering the music to the platform to create exposure. We will not succumb to the pay-outs of any royalties or welcome any partnership agreements for the use of your music. We will not monetise and media at this stage and any registered artists are recommended to inform their producer/ manager of their decision to utilise Phann to create a social following – knowing full well the music, sounds and lyrics will not create wealth of any kind from us.

16.  The breach of any of the previously mentioned terms and conditions as provided by us will result in action from our admin team. We refuse to take responsibility for any content you have posted on our service and do not agree to compensation of any sort for any music or other media content uploaded.

 

General Conditions of Phann Music

 1.     As the host of the service we have the right to terminate or suspend your account at any time if we feel you have breached our terms of use. Furthermore, we have the right to remove the service in its entirety as well as individual accounts, for no reason with no notice at any time.

2.     We reserve the right to refuse service for any reason to any user at any time and have the right to force forfeiture of any username at any time for any reason. 

3.     Upon termination of your account, whether it be by you or our administration, you can expect all your personal information, posts, likes, comments, videos, photos, music etc. to be completely removed from the site. This may be limited if you have worked on collaborative projects or had your music re-posted or shared elsewhere. Please note however, your personal information and especially your billing and private information will not remain on our servers nor anywhere within the service.

4.     Phann Music has the right to, at any time, with no notice, update these Terms and Conditions as well as the Privacy Policy. As the service is ever updating we require modifications to our terms to stay relevant with our service expansion. Any changes will always be available here so that you are always aware of changes. We recommended reviewing these terms of use continually. We may provide you extra forms of notice or updates or adjustments, if deemed appropriate. By continually using Phann Music or the Service after any adjustments signifies your acceptance of such adjustment.

5.     Termination or deactivation by you of your Phann Music profile, will automatically sever all licences and rights that may have been granted to you while you utilised the service.

6.     We do not accept responsibility or liability for the conduct or misconduct of any user. We reserve the right to observe or act upon disagreements between you and other users, however we have no obligation to do so. If these disputes begin to breach the terms of use we will act accordingly.

7.     Phann Music is an app built on ad-revenue attained from third party advertisers and businesses. We will not be liable for any action that takes place between you as a user and third party advertisers. You follow ads at your own risk and the evolution of which is one that will not be inclusive of Phann Music as a business nor as a service. We are a publicly accessible application who will do our best to filter ads that are safe for you as a user but relationships after you have left the service are not of our doing.

8.     At times, you may be subject to links to third-party web sites. You accept and acknowledge that Phann Music is not responsible or liable for any such third-party service. Any relationships or dealings between you and third parties found through the service do not involve us.

9.     Phann Music will not be liable for any data charges incurred by users while on the service.

10.  We will not tolerate any form of caching, scraping or crawling or accessing of content through automated means.

 

Your Rights as a Phann Music User

1.     By signing into Phann Music and creating a profile, you are stating that you and you alone own your content. Phann will act as a platform where your music, video, photo and worded content can be viewed and shared but we will not claim ownership, nor accept liability nor pay royalties for the content you as a user chose to put into our service.

2.     Phann is a service that relies on advertising as a form of revenue, and as such users can expect to be subjected to these ads unless they chose to subscribe which they may do here: www.phannmusic.com/download. These ads are hosted by third party advertisers and you hereby accept that we may place these ads in the service for your viewing.

3.     To post content to Phann Music you must first acknowledge that you own the content you wish to upload, or could acquire rights or grants to upload it. You must ensure that your content will not breach Phann’s Basic Terms 2 as well as ensuring it does not negatively impact nor infringe any third party. All content must also be cleared of any copyright, trademark, privacy rights, publicity rights or any other form of intellectual property – failure to ensure this will result in its removal from the service.

4.     You accept that you are willing and able to pay for and fees that may be incurred while using Phann Music – This may include subscription packages.

5.     The Service contains content owned or licensed by Phann Music ("Phann Music Content"). Phann Music Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Phann Music, Phann Music owns and retains all rights in the Phann Music Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Phann Music Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Phann Music Content.

6.     The name Phann Music is copyrighted and will not be subjected to theft, alteration, misuse, misappropriation or any other form of stealing and re branding. Our logo and all its variations are created by us and we wish to keep their only relevance to the service.

7.     Content uploaded to the service may be removed at any time, with no notice, if we feel it necessary we will store this content internally away from the app, should we ever need it again to prove or disprove a dispute. You should not rely on Phann Music as a second point of storage for your media of any kind. We are a service that hopes to run flawlessly but may experience critical loss of data and content. We will not be held liable for the loss of your media (of any form) should this happen.

8.     There is a chance Phann Music may experience telecommunications interruptions and your ability to access the service may be altered or rendered impossible. We do not accept any form of liability should this happen – we will try our best to be constantly running but cannot promise a seamless experience.

9.     Phann will not pre-screen content before it is posted to the service and therefore does not accept ownership nor responsibility for the content. However, we will try to listen to as many songs as possible as they are uploaded and continually monitor content to ensure there are no breaches of terms within them (hateful language, stolen content etc.) Any content found to breach these terms of use will be contacted by us and may suffer legal ramifications.

10.  All content uploaded by users on Phann Music will be non-confidential and by signing up with us you accept that you are posting content to a social space and we will not be liable for any disclosure issues.

11.  As an artist, you are agreeing that Phann Music will not be taking part in the monetisation of your music, the payment of any form of royalties or the purchasing of your music, sounds and lyrics. By uploading music or videos to Phann you are volunteering your music to our service and expecting no form of pay-out in return.

12.  As a venue, you agree that Phann Music will not be held accountable for any issues that may arise from booking an artist through Phann Music. It is your responsibility to ensure the process of booking and performing is taken care off and Phann Music will not be liable for any issues that may arise in this third-party process.

13.  The relationship that is created between artist and artist or venue and artist is one facilitated by Phann Music. By agreeing to our Terms, you acknowledge that as soon as the relationship leaves the service it disbands our liability to both party. You are responsible for your own safety and your own partnership and any failure of payment or failure of performance will not fall back on Phann Music. We accept no liability for any out of service altercations or fallouts.

 

Reporting an Infringement

 The Terms and Conditions as stated above are heavily dependent on the honesty of the users within the service. We will not be able to constantly monitor every post and listen to every single song. So, if you feel that your experience is being hindered by another user, by specific content or the breaching of our terms and conditions you can email us at: copyright@phannmusic.com. When doing so please include your full name, your username, the infringement and which section you believe the infringement breaches as well as a contact number which we may need.

If you feel like your music, sounds or lyrics were stolen or used in any capacity without your permission please follow the same procedure as noted above but label the email accordingly so we can look into the breach as quickly as possible.

If you repeatedly breach these Terms of Use we will terminate your account.

 

Disclaimer

 THE PHANN MUSIC SERVICE IS PROVIDED “AS IS”, “AS AVALIABLE” AND ‘WITH ALL FAULTS”, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OWNERS OF PHANN MUSIC MAKE NO REPRESENTATIONS AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM DISRUPTIVE OR DAMAGING COMPUTER SOFTWARE. WE DO NOT REPRESENT THE SERVICE WILL BE UNINTERRUPTED OR FAULTS WILL BE AMENDED. WE DO NOT WARRANT THAT ANY CONTENT UPLOADED TO THE SERVICE WILL BE SECURE OR ANY COMPONENTS OF THE SERVICE INTENDED TO PREVENT UNAUTHORISED ACCESS WILL BE SUCCESSFUL IN DOING SO IN ALL CASES. ADDITIONALLY, WE DO NOT REPRESENT, WARRANT OR TAKE ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY ON OR THROUGH THE SERVICE, OR FOR ANY TRANSACTIONS BETWEEN YOU AND A THIRD PARTY PROVIDER. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AS YOUR OWN RISK. SOME JURISDICTIONS MAY LIMIT SOME ASPECTS OF THIS DISCLAIMER AND THEREFORE SOME ASPECTS OF THIS DISCLAIMER MAY NOT BE APPLICABLE TO YOU. 

 

Limitation

BY NO MEANS WILL THE OWNERS OF PHANN MUSIC OR ANY OF ITS PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR ECONOMIC LOSSES OR DAMAGES) AS A DIRECT OR INDIRECT RESULT FROM THE USE OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN NOTIFIED OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL PHANN MUSIC’S AGGREGATE LIABILITY TO YOU FOR ALL AND ANY CLAIMS RELATING TO DAMAGES, LOSSES OR CAUSES OR ACTION BE MORE THAN THE AMOUNTS (IF ANY) PAID BY YOU TO PHANN MUSIC DURING THE PRIOR TWELVE MONTHS IN QUESTION OR EXCEED $100 AUSTRALIAN DOLLARS.

PHANN MUSIC DOES NOT TAKE LIABILITY FOR ANY THIRD-PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT AND YOU AGREE TO NOT INVOLVE PHANN MUSIC OR ANY OF ITS PARTIES FROM ANY CLAIMS AND DAMAGES, RESULTING FROM ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTY.

NOTHING IN THESE TERMS OF USE LIMITS OR ELIMINATES THE LIABILITY OF PHANN MUSIC OR ANY OF ITS PARTIES FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, FOR ANY FRAUD OR FRAUDULENT ACTIVITY AND FOR ANY GROSS NEGLIGENCE. SOME JURISDICTIONS MAY LIMIT SOME ASPECTS OF THIS DISCLAIMER AND THEREFORE SOME ASPECTS OF THIS DISCLAIMER MAY NOT BE APPLICABLE TO YOU. 

 

Indemnification

 You agree to indemnify and hold Phann Music harmless from and against all damages, losses, claims and expenses of any kind, including but not limited to, reasonable attorney fees and costs, arising out of or in connection with: 1) any User Content; 2) your breach of these Terms of Use; 3) your violation of any third-party right; 4) any activity in which you are involved in; and 4) any misrepresentation made by you.

 

Subscriptions

Phann Music is an app that gives users the opportunity to subscribe and become a Phann Platinum member. There are notable differences for the upgrade with each user type as show on our website here: https://www.phannmusic.com/platinum/ and our subscriptions themselves carry their own terms and conditions which relate back to payment information, personal details and the liability and limitations of the subscription model. 

 

Similar to our standard Terms and Conditions and our Privacy Policy, the subscription terms and conditions may incur updates which you (if you have upgraded) will be notified of and it is recommended you read. These changes may include things like changes to payment methods or pricing, or additions to the actual terms.