
<h3>
TERMS AND CONDITIONS BY WHICH FATDROP PROVIDES SERVICES TO A RECIPIENT OF PROMOTIONAL MUSIC
</h3>

<p>
These terms and conditions (together with the documents referred to in them)
tell you the terms of use on which you may make use of the FATdrop website
(fatdrop.co.uk and all subdomains thereof) or services, or the mobile versions
of either (together “our site”), whether as a guest or a registered user. 
</p>
<p>
Please read these terms of use carefully before you start to use our site. 
</p>
<p>
By using our site, you indicate that you accept these terms of use and that you
agree to abide by them. If you do not agree to these terms of use, please
refrain from using our site.
</p>

<ul>
    <li>
    1. Information about us
        <ul>
            <li>
            1.1. FATdrop Limited is registered in England and Wales under company number
            06199983 with its registered office at Suite 501, The Nexus Building, Broadway,
            Letchworth Garden City, Hertfordshire SG6 9BL.  ("we", “us”, “our”).
            </li>
        </ul>
    </li>
    <li>
    2. Your use of our site
        <ul>
            <li>
            2.1. You may use our site only for lawful purposes.  You may not use our site:
                <ul>
                    <li>
                    2.1.1. in any way that breaches any applicable local, national or international
                    law or regulation.
                    </li>
                    <li>
                    2.1.2. in any way that is unlawful or fraudulent, or has any unlawful or
                    fraudulent purpose or effect.
                    </li>
                    <li>
                    2.1.3. for the purpose of harming or attempting to harm minors in any way.
                    </li>
                    <li>
                    2.1.4. to send, knowingly receive, upload, download, use or re-use any material
                    which does not comply with our content standards in paragraph 8 of these terms
                    and conditions.
                    </li>
                    <li>
                    2.1.5. to transmit, or procure the sending of, any unsolicited or unauthorised
                    advertising or promotional material or any other form of similar solicitation
                    (spam).
                    </li>
                    <li>
                    2.1.6. To knowingly transmit any data, send or upload any material that
                    contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware,
                    adware or any other harmful programs or similar computer code designed to
                    adversely affect the operation of any computer software or hardware.
                    </li>
                </ul>
            </li>
            <li>
            2.2. You also agree:
                <ul>
                    <li>
                    2.2.1. not to reproduce, duplicate, copy or re-sell any part of our site or any
                    audio files emailed to you under paragraph 12.1 of these terms and conditions
                    in contravention of the provisions of these terms of use.
                    </li>
                    <li>
                    2.2.2. not to access without authority, interfere with, damage or disrupt:
                        <ul>
                            <li>
                            2.2.2.1. any part of our site;
                            </li>
                            <li>
                            2.2.2.2. any equipment or network or software used in the provision of our
                            site; 
                            </li>
                            <li>
                            2.2.2.3. any equipment or network or software owned or used by any third party.
                            </li>
                        </ul>
                    </li>
                    <li>
                    2.2.3. We may not necessarily monitor any materials posted, transmitted or
                    communicated to or on or within our site by third parties.  If you believe that
                    something on our site is in breach of these terms of use please contact us as
                    set out later in these terms of use.
                    </li>
                </ul>
            </li>
        </ul>
    </li>
    <li>
    3. Eligibility to use our site
        <ul>
            <li>
            3.1. Access to our site is only available to registered persons:
                <ul>
                    <li>
                    3.1.1. over the age of 18;
                    </li>
                    <li>
                    3.1.2. who can form legally binding contracts under the laws of England and
                    Wales; and
                    </li>
                    <li>
                    3.1.3. who are free to enter into these terms and conditions.
                    </li>
                </ul>
            </li>
            <li>
            3.2. By registering with our site you represent and warrant that you are
            eligible to access our site in accordance with paragraph 3.1 of these terms and
            conditions.
            </li>
        </ul>
    </li>
    <li>
    4. Accessing and using our site
        <ul>
            <li>
            4.1. Access to our site is permitted on a temporary basis, and we reserve the
            right to withdraw or amend the site without notice (see below). We will not be
            liable if for any reason our site is unavailable at any time or for any period
            or if at any time the functionality of our site is restricted or impaired.
            </li>
            <li>
            4.2. From time to time, we may restrict access to some parts of our site, or
            our entire site, to users who have registered with us.
            </li>
        </ul>
    </li>
    <li>
    5. Your user account
        <ul>
            <li>
            5.1. When you register to use our site:
                <ul>
                    <li>
                    5.1.1. you are required to provide a valid email address; 
                    </li>
                    <li>
                    5.1.2. your email address will be used to identify you when you use our site;
                    </li>
                    <li>
                    5.2. You must:
                    </li>
                    <li>
                    5.2.1. keep your email address registered with us up to date;
                    </li>
                    <li>
                    5.2.2. keep your login/registration details confidential and not disclose them
                    to any third party 
                    </li>
                    <li>
                    5.2.3. not allow any third part to use your login/registration details to
                    access our site;
                    </li>
                    <li>
                    5.2.4. keep your email account secure;
                    </li>
                    <li>
                    5.2.5. let us know in writing immediately if you believe that your email
                    account has been compromised or that your account may be used in an
                    unauthorised way.
                    </li>
                </ul>
            </li>
            <li>
            5.3. You must not give false details or attempt to impersonate another person.
            </li>
            <li>
            5.4. We have the right to disable any user account at any time, if in our
            opinion you have failed to comply with any of the provisions of these terms of
            use.
            </li>
            <li>
            5.5. You are responsible for making all arrangements necessary for you to have
            access to our site.  You are also responsible for ensuring that all persons who
            access our site through your internet connection are aware of these terms, and
            that they comply with them.  
            </li>
        </ul>
    </li>
    <li>
    6. Intellectual property rights
        <ul>
            <li>
            6.1. We are the owner or the licensee of all intellectual property rights in
            our site, and in the material published on it.  Those works are protected by
            copyright laws and treaties around the world.  All such rights are reserved. 
            </li>
            <li>
            6.2. Music files and other content in our site may be protected by intellectual
            property rights of others. You must not copy, upload, download, or share files
            unless you have the right to do so. You, not FATdrop Limited, will be fully
            responsible and liable for what you copy, share, upload, download or otherwise
            use while using our site.
            </li>
            <li>
            6.3. Unless otherwise stated on our site, you may print off one copy, and may
            download extracts, of any page(s) from our site for your personal reference.
            This right does not extend to music files which are made available to you via
            our site.  Your right to download and use any music files made available to you
            via our site are as granted to you by the owner or licensor of the intellectual
            property rights owner in such music files.
            </li>
            <li>
            6.4. You must not modify the paper or digital copies of any materials you have
            printed off or downloaded in any way, and you must not use any illustrations,
            photographs, video or audio sequences or any graphics separately from any
            accompanying text. 
            </li>
            <li>
            6.5. Our status (and that of any identified contributors) as the authors of
            material on our site must always be acknowledged. 
            </li>
            <li>
            6.6. You must not use any part of the materials on our site for commercial
            purposes without obtaining a licence to do so from us or our licensors.
            </li>
            <li>
            6.7. If you print off, copy or download any part of our site in breach of these
            terms of use, your right to use our site will cease immediately and you must,
            at our option, return or destroy any copies of the materials you have made.
            </li>
            <li>
            6.8. The provisions of this clause 6 shall continue to apply after the
            termination of your registration or use or both of our site.
            </li>
        </ul>
    </li>
    <li>
    7. Reliance on information posted
        <ul>
            <li>
            7.1. Commentary and other materials posted on our site are not intended to
            amount to advice on which reliance should be placed.  We therefore disclaim all
            liability and responsibility arising from any reliance placed on such materials
            by any visitor to our site, or by anyone who may be informed of any of its
            contents. 
            </li>
        </ul>
    </li>
    <li>
    8. Content standards
        <ul>
            <li>
            8.1. These content standards apply to any and all material which you or any
            third party contributes to our site (“contributions”).  You must comply with
            the spirit of the following standards as well as the letter. The standards
            apply to each part of any contribution as well as to its whole.
            </li>
            <li>
            8.2. Contributions must:
                <ul>
                    <li>
                    8.2.1. be accurate (where they state facts);
                    </li>
                    <li>
                    8.2.2. be genuinely held (where they state opinions);
                    </li>
                    <li>
                    8.2.3. comply with applicable law in the UK and in any country from which they
                    are posted.
                    </li>
                </ul>
            </li>
            <li>
            8.3. Contributions must not:
                <ul>
                    <li>
                    8.3.1. contain any material which is defamatory of any person;
                    </li>
                    <li>
                    8.3.2. contain any material which is obscene, offensive, hateful or
                    inflammatory;
                    </li>
                    <li>
                    8.3.3. promote sexually explicit material;
                    </li>
                    <li>
                    8.3.4. promote violence;
                    </li>
                    <li>
                    8.3.5. promote discrimination based on race, sex, religion, nationality,
                    disability, sexual orientation or age;
                    </li>
                    <li>
                    8.3.6. infringe any copyright, database right or trade mark of any other
                    person;
                    </li>
                    <li>
                    8.3.7. be likely to deceive any person;
                    </li>
                    <li>
                    8.3.8. be made in breach of any legal duty owed to a third party, such as a
                    contractual duty or a duty of confidence;
                    </li>
                    <li>
                    8.3.9. promote any illegal activity;
                    </li>
                    <li>
                    8.3.10. be threatening, abuse or invade another's privacy, or cause annoyance,
                    inconvenience or needless anxiety;
                    </li>
                    <li>
                    8.3.11. be likely to harass, upset, embarrass, alarm or annoy any other person;
                    </li>
                    <li>
                    8.3.12. be used to impersonate any person, or to misrepresent your identity or
                    affiliation with any person;
                    </li>
                    <li>
                    8.3.13. give the impression that they emanate from us, if this is not the case;
                    </li>
                    <li>
                    8.3.14. advocate, promote or assist any unlawful act such as (by way of example
                    only) copyright infringement or computer misuse.
                    </li>
                </ul>
            </li>
        </ul>
    </li>
    <li>
    9. Our site changes regularly
        <ul>
            <li>
            9.1 We aim to update our site regularly, and may change the content at any
            time. If the need arises, we may suspend access to our site, or close it
            indefinitely. Any of the material on our site may be out of date at any given
            time, and we are under no obligation to update such material. 
            </li>
        </ul>
    </li>
    <li>
    10. Our liability
        <ul>
            <li>
            10.1. The material displayed on our site and any licence under which the
            material is displayed is provided without any guarantees, conditions or
            warranties as to its accuracy. To the extent permitted by law and subject to
            paragraph 10.2, we, other members of our group of companies and third parties
            connected to us hereby expressly exclude:
                <ul>
                    <li>
                    10.1.1. All conditions, warranties and other terms which might otherwise be
                    implied by statute, common law or the law of equity.
                    </li>
                    <li>
                    10.1.2. Any liability for any direct, indirect or consequential loss or damage
                    incurred by any user in connection with our site or in connection with the use,
                    inability to use, or results of the use of our site, any websites linked to it
                    and any materials posted on it, including, without limitation any liability
                    for:
                        <ul>
                            <li>
                            10.1.2.1. loss of income or revenue;
                            </li>
                            <li>
                            10.1.2.2. loss of business;
                            </li>
                            <li>
                            10.1.2.3. loss of profits or contracts;
                            </li>
                            <li>
                            10.1.2.4. loss of anticipated savings;
                            </li>
                            <li>
                            10.1.2.5. loss of data;
                            </li>
                            <li>
                            10.1.2.6. loss of goodwill;
                            </li>
                            <li>
                            10.1.2.7. wasted management or office time; and
                            </li>
                            <li>
                            10.1.2.8. for any other loss or damage of any kind, however arising and whether
                            caused by tort (including negligence), breach of contract or otherwise, even if
                            foreseeable, provided that this condition shall not prevent claims for loss of
                            or damage to your tangible property or any other claims for direct financial
                            loss that are not excluded by any of the categories set out above.
                            </li>
                        </ul>
                    </li>
                    <li>
                    10.1.3. Notwithstanding any other provision under these terms and conditions or
                    otherwise our liability for
                        <ul>
                            <li>
                            10.1.3.1. death or personal injury arising from our negligence;
                            </li>
                            <li>
                            10.1.3.2. fraudulent misrepresentation or misrepresentation as to a fundamental
                            matter; and 
                            </li>
                            <li>
                            10.1.3.3. any other liability which cannot be excluded or limited under
                            applicable law.
                            </li>
                        </ul>
                    </li>
                </ul>
            </li>
            <li>
            10.2. Information about you and your use of our site
                <ul>
                    <li>
                    10.2.1. We process information about you in accordance with our privacy policy
                    (http://www.fatdrop.co.uk/privacy_policy).  By using our site, you consent to
                    such processing and you warrant that all data provided by you is accurate. 
                    </li>
                    <li>
                    10.2.2. We run active scanning of the web to locate unauthorised copies of
                    audio files obtained through our site.  If you are identified by us as having
                    shared music without obtaining a licence from the licensor, we will pass this
                    information on to the licensor. 
                    </li>
                </ul>
            </li>
        </ul>
    <li>
    <li>
    11. Communications with you
        <ul>
            <li>
            11.1. You agree and accept that:
                <ul>
                    <li>
                    11.1.1. clients of our platform can send promotional audio files to you via
                    email.
                    </li>
                    <li>
                    11.1.2. we may contact you to inform you of changes to the service, with
                    technical assistance in using the service, or to inform you of specific site
                    events which you have requested to be notified of. You can opt out of receiving
                    these communications at any time. 
                    </li>
                    <li>
                    11.1.3. audio files may be watermarked to identify the original recipient of
                    the audio file. 
                    </li>
                </ul>
            </li>
            <li>
            11.2. Any emails sent to you in accordance with paragraph 12.1 of these terms
            and conditions are required to be in accordance with our anti-spam policy
            (http://www.fatdrop.co.uk/antispam).
            </li>
            <li>
            11.3. If you believe that any emails sent to you are in breach of paragraph
            12.2 of these terms and conditions you must let us know immediately in writing.
            </li>
        </ul>
    </li>
    <li>
    12. Uploading material to our site
        <ul>
            <li>
            12.1. Whenever you make use of a feature that allows you to upload material to
            our site, or to make contact with other users of our site, you must comply with
            the content standards set out in paragraph 8 of these terms and conditions.
            You warrant that any such contribution does comply with those standards, and
            you indemnify us for any breach of that warranty.  
            </li>
            <li>
            12.2. Any material you upload to our site will be considered non-confidential
            and non-proprietary, and we, and any identified contributor to whom such
            material relates, have the right to use, copy, distribute and disclose to third
            parties any such material for any purpose. We also have the right to disclose
            your identity to any third party who is claiming that any material posted or
            uploaded by you to our site constitutes a violation of their intellectual
            property rights, or of their right to privacy.
            </li>
            <li>
            12.3. We will not be responsible, or liable to any third party, for the content
            or accuracy of any materials posted by you or any other user of our site.
            </li>
            <li>
            12.4. We have the right to remove any material or posting you make on our site
            if, in our opinion, such material does not comply with the content standards
            set out in paragraph 8 of these terms and conditions.
            </li>
        </ul>
    </li>
    <li>
    13. Viruses, hacking and other offences
        <ul>
            <li>
            13.1. You must not misuse our site by knowingly introducing viruses, trojans,
            worms, logic bombs or other material which is malicious or technologically
            harmful. You must not attempt to gain unauthorised access to our site, the
            server on which our site is stored or any server, computer or database
            connected to our site. You must not attack our site via a denial-of-service
            attack or a distributed denial-of service attack. 
            </li>
            <li>
            13.2. By breaching this provision, you would commit a criminal offence under
            the Computer Misuse Act 1990. We will report any such breach to the relevant
            law enforcement authorities and we will co-operate with those authorities by
            disclosing your identity to them. In the event of such a breach, your right to
            use our site will cease immediately.
            </li>
            <li>
            13.3. We will not be liable for any loss or damage caused by a distributed
            denial-of-service attack, viruses or other technologically harmful material
            that may infect your computer equipment, computer programs, data or other
            proprietary material due to your use of our site or to your downloading of any
            material posted on it, or on any website linked to it.
            </li>
        </ul>
    </li>
    <li>
    14. Linking to our site
        <ul>
            <li>
            14.1. You may link to our home page, provided you do so in a way that is fair
            and legal and does not damage our reputation or take advantage of it, but you
            must not establish a link in such a way as to suggest any form of association,
            approval or endorsement on our part where none exists. 
            </li>
            <li>
            14.2. You must not establish a link from any website that is not owned by you. 
            </li>
            <li>
            14.3. Our site must not be framed on any other site, nor may you create a link
            to any part of our site other than the home page. We reserve the right to
            withdraw linking permission without notice. 
            </li>
            <li>
            14.4. If you wish to make any use of material on our site other than that set
            out above, please address your request to info@fatdrop.co.uk 
            </li>
        </ul>
    </li>
    <li>
    15. Links from our site
        <ul>
            <li>
            15.1. Where our site contains links to other sites and resources provided by
            third parties, these links are provided for your information only.  We have no
            control over the contents of those sites or resources, and accept no
            responsibility for them or for any loss or damage that may arise from your use
            of them.  
            </li>
        </ul>
    </li>
    <li>
    16. Termination
        <ul>
            <li>
            16.1. You can terminate your registration at any time using the global
            unsubscribe function.  By terminating your registration you will no longer be
            able to receive any emails or access the site.
            </li>
            <li>
            16.2. We will determine, in our discretion, whether there has been a breach of
            these terms of use through your use of our site.  When a breach of this policy
            has occurred, we may take such action as we deem appropriate.  
            </li>
            <li>
            16.3. Failure to comply with these terms of use constitutes a material breach
            of these terms of use and may result in our taking all or any of the following
            actions:
                <ul>
                    <li>
                    16.3.1. Immediate, temporary or permanent withdrawal of your right to use our
                    site;
                    </li>
                    <li>
                    16.3.2. Immediate, temporary or permanent removal of any posting or material
                    uploaded by you to our site;
                    </li>
                    <li>
                    16.3.3. Issue of a warning to you;
                    </li>
                    <li>
                    16.3.4. Legal proceedings against you for reimbursement of all costs on an
                    indemnity basis (including, but not limited to, reasonable administrative and
                    legal costs) resulting from the breach;
                    </li>
                    <li>
                    16.3.5. Further legal action against you;
                    </li>
                    <li>
                    16.3.6. Disclosure of such information to law enforcement authorities as we
                    reasonably feel is necessary.
                    </li>
                </ul>
            </li>
            <li>
            16.4. We exclude liability for actions taken in response to breaches of these
            terms of use.  The responses described in this policy are not limited, and we
            may take any other action we reasonably deem appropriate.
            </li>
        </ul>
    </li>
    <li>
    17. Jurisdiction and applicable law
        <ul>
            <li>
            17.1. The English courts will have exclusive jurisdiction over any claim
            arising from, or related to, a visit to our site although we retain the right
            to bring proceedings against you for breach of these conditions in your country
            of residence or any other relevant country.  
            </li>
            <li>
            17.2. These terms of use and any dispute or claim arising out of or in
            connection with them or their subject matter or formation (including
            non-contractual disputes or claims) shall be governed by and construed in
            accordance with the law of England and Wales.
            </li>
        </ul>
    </li>
    <li>
    18. Variations
        <ul>
            <li>
            18.1. We may revise these terms of use at any time by amending this page. You
            are expected to check this page from time to time to take notice of any changes
            we made, as they are binding on you. Some of the provisions contained in these
            terms of use may also be superseded by provisions or notices published
            elsewhere on our site.
            </li>
        </ul>
    </li>
    <li>
    19. Your concerns
        <ul>
            <li>
            19.1. If you have any concerns about material which appears on our site, please
            use the contact form.
            </li>
        </ul>
    </li>
</ul>

<p>
Thank you for visiting our site.
</p>