Terms and conditions

Version: 1
Date: April 20, 2018

The service "Fangage" is offered over the internet by Massence records. The use of Fangage is subject to the below terms and conditions. Using Fangage constitutes acceptance of these terms and conditions.

Deviation from these terms and conditions is possible only by means of written confirmation by Massence records.

ARTICLE 1. USE OF THE SERVICE

1.1. The service Fangage allows you to publish a profile about yourself and to enjoy the content delivered to you by Massence records.

1.2. To use Fangage, you first need to register. After completing registration, you can directly log into your account and use the service.

1.3. In order to prevent unauthorized use by third parties, you must secure access to your account using the username and password. In particular you must keep your credentials strictly confidential. Massence records may assume that all actions undertaken from your account after logging in is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Massence records your account is compromised.

1.4. Fangage processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult our privacy statement for more information.

ARTICLE 2. TERMS OF USE

2.1. It is not permitted to use Fangage for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist, or to create profiles on Fangage under the names of other people or to pretend to be another person, or a moderator/maintainer of Fangage.

2.2. In addition, on Fangage it is forbidden to:
- use indecent language;
- publish information that is pornographic or erotic (even if legal under applicable law);
- publish information in violation of copyright or hyperlinks to such information;
- publish information that is false or that refers to other people than yourself;
- exercise commercial activities;
- and to do anything that violates the applicable netiquette.

2.3. Should Massence records discover that you violate any of the above, or receive a complaint alleging the same, then Massence records may intervene to end the violation. Massence records has the right to block, suspend or delete your account or to take other steps it deems reasonably to end the violation or to investigate the complaint.

2.4. If in the opinion of Massence records the continued functioning of the computer systems or network of Massence records or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Massence records may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.

2.5. Massence records is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Massence records is entitled to supply your name, address, IP-address and other identifying data to a third party if:

a.    there is sufficient cause to reasonably assume the content is illegal and harmful to the third party;

b.   the third party has a real interest in obtaining the data; 


c.    it can be reasonably assumed there is no less intrusive manner to obtain the data; 


d.   when weighing the interests of the third party, Massence records and the service providers of Hardway Music B.V.  the interest of the third party should prevail. 


2.6. Massence records may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Hardway Music B.V. from all third-party claims arising out of your violation of these terms of use.

ARTICLE 3. AVAILABILITY AND MAINTENANCE

3.1. Massence records makes no promises regarding availability of the service.

3.2. Massence records actively maintains Fangage. Maintenance can take place at any time, even if this may negatively impact the availability of the service.

3.3. Massence records may from time to time adapt Fangage. Your feedback and suggestions are welcome but ultimately Massence records decides which adaptations to carry out (or not).

ARTICLE 4. INTELLECTUAL PROPERTY

4.1. The service Fangage, the accompanying software as well as all information and images on the website is the intellectual property of Massence records or its suppliers or licensors. None of these items may be copied or used without prior written permission of Massence records or its suppliers or licensors, except and to the extent permitted by mandatory law.

4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Massence records receives an unlimited license for use of this information, including the right to sublicense the information to third parties and the right to use this information for other services of Massence records.

4.3. The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it, Massence records may decide to adapt or remove the information.

4.4. You may change or remove information you publish or store using the service at your own discretion. Feel free to contact us if you need any help changing or removing your information. You can contact us via hello@fangage.me

4.5. If you send information to Massence records, for example a bug report or suggestion for improvement, you grant Massence records a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.

4.6. Massence records shall refrain from accessing data you store or transfer using Fangage for purposes other than the provision of the service, unless Hardway Music B.V. is forced to do so by law or order of competent authority. In these cases, Massence records shall use its best efforts to limit access to the information as much as possible.

ARTICLE 5. COMPENSATION FOR THE SERVICE

5.1. Fangage is offered to you at no charge. Massence records may (now or in the future) offer additional products or services through the platform for which a compensation is due. We will inform you about the amount of the compensation and the method of payment if this is the case.

ARTICLE 6. LIMITATION OF LIABILITY

6.1. Because of the fact that Fangage is offered to you at no charge, Massence records cannot accept liability whatsoever for the use of the service or any damages in connection therewith, except in case of willful misconduct or deliberate recklessness by Except in case of willful misconduct or deliberate recklessness by Artists Company management or managerial staff shall not be liable for the use of the service or any damages in connection therewith.

6.2. Massence records in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, except in case of willful misconduct or deliberate recklessness.

ARTICLE 7. TERM AND TERMINATION

7.1. This agreement enters into force as soon as you use your account and then remains in force until terminated.

7.2. You may terminate the agreement at any time by ceasing your use of Fangage. In case of termination, Massence records shall close and remove your account.

7.3. Massence records is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Massence records shall first send a reminder mail to the e-mail address connected to your account. In addition, Massence records is entitled to terminate the agreement in case Fangage is cancelled.

ARTICLE 8. CHANGES TO TERMS

8.1. Massence records may change or add to these terms and conditions at any time. We will update you by e-mail.

8.2. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Fangage after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1. Dutch law applies to this agreement, except to the extent determined otherwise by mandatory applicable law.

9.2. When these terms and conditions state that something must be done “in writing”, this includes e-mail or communication through the Fangage service, provided the integrity and authenticity of the electronic message can be verified to a reasonable level of certainty.

9.3. The version of any communication of information as recorded by Massence records shall be deemed to be authentic, unless you supply proof to the contrary.

9.4. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

9.5. Massence records is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Fangage or the associated business activities.