Fankee - T&C [SHARED]

TERMS AND CONDITIONS OF FANKEE
Last updated: 19/04/2024

PREAMBLE

These terms and conditions (“T&C”) govern the use of Service by the Users and the commercial relationship between our Company and Users.

The T&C are therefore addressed to the following categories of Users:

“Registered User” means any User having a registered account on the Service;
“Artist” means any Registered User seeking promotion of their music through the Service;
“Fan” means any Registered User that uses the Service to promote the Artists to benefit from certain rights concerning certain music tracks.

The T&C are divided into Sections, according to the topics covered in each one.

This version of the T&C is effective from the date of publication displayed at the top of this page.

SECTION A: TERMS OF USE

ABOUT FANKEE

Fankee is a community-driven label based on an online platform.
The purpose of the Service is to facilitate the promotion of Artists by Fans, enabling Fans to acquire certain rights concerning certain music tracks on the terms set out in the T&Cs on the date of access by the User.
At the time being, the Service enables Users to join “Contests” managed by the Company, meaning any competition for artistic purposes meant to reward the best Artists, as well as Fans contributing to their visibility.
The Service does not allow recipients of the Service to store and disseminate information or content to the public. For this reason, the Service does not legally qualify as an online platform within the meaning of Article 3(i) of the Digital Services Act and shall not be subject to the obligations arising from that qualification.
In particular, Artists cannot independently register for the Service and disseminate information to the public. The only Artists’ Content that is available on the Service is that admitted by Fankee upon prior selection and on the basis of agreements entered into with the Company.
Users other than Artists cannot disseminate Content on the Service.
The Service could be used by Users to create promotional Content to be shared on social media platforms (e.g. Instagram, TikTok), but storage and dissemination of content will occur on such online platforms.
The Service, fankee.co and its subdomains are the exclusive property of the Company.
The Company reserves the right to no longer make available, in whole and/or in part, the Service, and/or modify, delete and replace what the Service offers.

USER OBLIGATIONS

For the purpose of using the Service, the User accepts all of the following:

to register with the Service only on condition that the User has not previously been suspended by it;
that the creation of a profile based on false information is a violation of Company’s Terms of Use, including profiles registered on behalf of Third Parties;
provide the Company with accurate information and keep it up-to-date;
in general, not to create false identities on the Service, i.e. not to represent one’s identity in an untruthful manner, or to use Third Party profiles in an unauthorised manner;
comply with all Applicable Laws;
not to develop, support or use software, devices, scripts, robots or any other means or process (including crawlers, browser plug-ins and add-ons, or any other technology) to perform the Service scraping operations or otherwise copy profiles and other data from the Service;
not to disable any security features or bypass or circumvent any access control or usage limitation of the the Service (e.g. maximum number of keyword searches);
not to copy, use, disclose or distribute any information obtained from the Service in violation of the law, either directly or through Third Parties, without the consent of the respective owners;
not to disclose information that it does not have the right to disclose (e.g. confidential information of other persons);
not to infringe the Company's Intellectual Property Rights, and in particular, without limitation, not to use the word 'Fankee' or Company’s logos in any company name, email or URL;
not to infringe the Intellectual Property Rights of other parties, Users or Third Parties, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
not to reverse engineer, decompile, disassemble, decipher or otherwise attempt to decode the source code of the Service or any related technology that is not open source;
not to insinuate or claim to be affiliated with or referred by the Company without the Company’s express consent;
not to rent, lease, lend, market or otherwise monetise the Company Services without the prior consent of the Company;
not to represent or communicate information about the Company and what it sells through the Service in a manner that is different from what the Company represents through the Service;
in the case of confidential and early access to certain functions under development, covered by a confidentiality agreement with the Company, not to disclose such confidential information in any way;
not to use bots or other automated methods to access the Service and make purchases;
not to monitor the availability, performance or functionality of the Service for any competitive purposes;
not to engage in 'framing', 'mirroring' or otherwise simulating the appearance or function of the Service;
not to interfere with the operation of the Service or use an unreasonable load on it (e.g. spam, Denial of Service (DoS) attacks, viruses, game algorithms);
not to violate any rules or any additional terms posted by the Company on the Service, it being understood that all such rules form an integral and substantial part of the Terms of Use.

ACCEPTANCE OF TERMS OF USE AND MODIFICATIONS

By using the Service, the User implicitly accepts the Terms of Use, thereby entering into a legally binding agreement with the Company.
If the User registers with the Service, the User may, in addition to the Terms of Use, be required, depending on the state of development of the Service, to accept other or all Sections of the T&C by point-and-click. In the following, each Section will specify where explicit acceptance by the User is required.
If the User does not agree with any of these provisions, the User is requested to cease using the Service.

CONDITIONS OF USE

The User acknowledges and accepts:

that the Company will process the User Data in accordance with the provisions of the Privacy Policy;
that the Company may send notices and messages to the contact details provided (e.g. User’s account, email address, mobile phone number, etc.) in accordance with the Privacy Policy at the time being;
that the Company undertakes to allow the use of and access to the Service compatibly with the needs connected to any scheduled or extraordinary maintenance work that cannot be postponed;
the costs of connection to the Internet network, and those possibly related to the connection modes, are at the User’s expense.

By creating a profile of any kind, the Registered User undertakes:

To use a complex password and keep it secret;
not to transfer any part of User’s profile and the benefits derived from User’s profile (if any);
To comply with the law and all provisions of the Terms of Use or other policies and terms relating to the use of profile that may be available on the Service.

The User is responsible for any action taken through User’s profile unless the User closes it or reports any abuse to the Company and/or the authorities.

USERS’ REQUESTS

Users may address requests to the Company through the tools indicated on the ‘Contact’ page on the Service and/or other channels made available by the Company.
The Company carries no legal obligation to respond to requests by Users other than Registered Users.
The Company shall process the Data transmitted by the User when contacting the Company for the sole purpose of replying to such requests, and therefore on a contractual basis, in accordance with the provisions of the Privacy Policy.

NEWSLETTERS AND SIMILAR CONTENT

By subscribing to the newsletter or similar Content that the Company may make available, you agree to receive periodic emails containing promotional Content, updates and relevant information about the Service. For more information on the legal basis under which we will use your Personal Data for direct marketing activities, please refer to our Privacy Policy.
You may unsubscribe from the newsletter at any time by clicking on the opt-out button provided in the email. Please note that, even if you choose to unsubscribe, you may continue to receive transactional emails relating to your profile (if any) or any ongoing Services.
By signing up, the User declares that he/she has read and understood the Privacy Policy and General Terms of Conditions.

COMPANY’S RIGHTS

The Company has the right to:

modify, update, suspend, limit or interrupt the operation of the Service at any time, or change and/or replace its domain name;
analyse the traffic on the Service (e.g. detect the most visited Website’s pages, assessing the interactions made on certain pages, the number of visitors per hour or per day, the geographical origin, the average connection time, the browsers used, the origin of the visitor - from search engines or from other Websites -, phrases and words searched for, etc.) in order to understand how it is used and manage, optimise and improve it, just for statistical purposes;
solve operational problems (e.g. page loading anomalies);
perform monitoring activities to repel and/or prevent cyber attacks and fraud.

The Company reserves the right to restrict the User's use of the Service. The Company reserves the right to restrict, suspend or terminate a Registered User's in the event of violations of the Agreement or the law.

WARRANTY EXCLUSIONS AND NO ASSISTANCE

With reference to the sole Users other than Registered Users, the Service is provided "AS IS" and "AS AVAILABLE", so the Company makes no warranties, express or implied (including the implied warranties of non-infringement, merchantability and adequacy for a particular purpose), and may be temporarily inaccessible or otherwise contain defects, or be delayed.
In particular, the Company shall not be liable and makes no warranties in respect of the following:

the suitability of the Service for the User's needs;
the availability of the Service and the absence of errors in the Service;
the quality of the Service;
the correction of any technical errors in the Service.

LIMITATION OF LIABILITY

The Company and its affiliates shall not be liable for any loss of profits or business opportunity, loss of reputation (e.g. offensive or defamatory statements), or any indirect, incidental, consequential, special or punitive damages arising out of the use of the Service.
The Company shall use all reasonable endeavours to ensure that the User has continuous and uninterrupted access to the Service and the Content but shall not, under any circumstances, be liable if one or more of the Content made available to the User (including free of charge) is temporarily or permanently inaccessible.
The Company shall not be liable for any errors, inaccuracies, omissions and, more generally, for any damages caused, directly or indirectly, by decisions made or actions taken by the Visitor or Third Parties based on (and/or as a result of) the Content on the Service.
The Company does not warrant the provision of technical assistance in respect of the Service.
In the event that the Company modifies, updates, suspends, limits or interrupts the operation of the Service, no liability shall arise in respect of the User.

AUTOMATED PROCESSING FOR PROMOTIONAL PURPOSES

The Company may use the information and Data that the User provides and/or that we acquire from Users, to alert the User to Company Services that correspond with his/her interests, subject to the User's consent and until such consent is revoked. For further information, the User is invited to carefully read the Privacy Policy available on the date of the User's access.

SECTION B: CURRENT FEATURES OF THE SERVICE

FOR THE ARTISTS

Registered Users admitted to the Service as Artists, can customise their profile visible to other Users, and make hyperlinks to their music, available on other services or platforms, available to Users so that Fans can promote their music on the Web.
Artists will be able to participate in contests run by the Company through the Service, and winners will be entitled to the acknowledgements promised by the Company at that time.

FOR THE FANS

Any Registered User acting to promote an Artist acts as a Fan within the meaning of the T&Cs.
Fans can vote for their Artists and promote them on the Web.
Thanks to its tracking systems, the Service calculates

how many interactions (e.g. 'likes') a link made available on the Service by an Artist and shared by the Fan on platforms outside the Service (e.g. social networks) receives on such web spaces;
how many listens a track available for listening on streaming services, linked on the Service by an Artist and shared by the Fan on platforms outside the Service (mainly digital service providers) receives.

This makes it possible to measure the performance recorded by the Fan for his or her promotional activities and assign him or her a score.

RANKINGS

The Service provides its Registered User:

a number of ranking boards, which are generated based on Data collected by the Service;
achievements and acknowledgements based on the rankings and rules of the Contest (see our FAQs for details about the such rules);
the additional functions available on the Service on the date of access.

The rankings, achievements, and other functions forming part of the Services:

may differ depending on rules of the Contest in effect at time being (see our FAQs for details about the such rules);
are based on the automated processing of Data. For more information on how we process Data, please read our Privacy Policy carefully.

Fans are assigned a ranking position based on specific parameters and algorithms determined by the Company and implemented on the Service.

REWARDS

Rewards, prizes or other kinds of acknowledgements for Artists are described in the related webpage.
Rewards, prizes or other kinds of acknowledgements for Fans are described in the related webpage.

SERVICE GRATUITY AND LEGAL IMPLICATIONS

The Service, the Content, and all of the Service's functions are offered free of charge to Users. Neither Artists nor Fans pay any monetary fee or other form of payment to use the Service or participate in the Contests. Therefore, the Service should in no way be understood as gambling or as a web space for games of chance or regulated prize promotions.

DELETION OF USERS’ ACCOUNTS

Any User may get the deletion of its profile, but this could result in the loss of the rewards received and accessible only through the Service. Before deleting its account, we recommend the User to carefully read what the consequences of such a deletion will be.
The Company shall not be held liable for any losses or damages, whether of economic value or otherwise, arising from the deletion of the User's account by the User themselves, even in cases where the deletion is carried out by Third Parties who have obtained the User's credentials. Therefore, Users are advised to securely guard their credentials.

SECTION C: FINAL PROVISIONS

LIMITATIONS OF LIABILITY

The User expressly acknowledges that the Company is in no event liable for damages, compensation or indemnity in the following cases:

use of the Service for purposes other than those for which the Service is intended;
if, at the time of conclusion of the Agreement, the User had been specifically informed that a particular characteristic of the digital Content or the digital service deviated from the objective conformity requirements laid down by consumer protection laws and the Consumer has expressly and separately accepted this deviation at the time of conclusion of the Agreement;
if the lack of conformity has become apparent more than two years after the supply, provided that during the supply the Company has kept the User informed of the available updates, including security updates, necessary to maintain the conformity of the digital content or digital service.

Claims for defects existing at the time of delivery and not wilfully concealed by the Company shall in any case be time-barred within 24 months from that time if they become apparent within that period.
Claims for defects that have arisen in the course of the supply and that have not been fraudulently concealed by the Company shall in any case be time-barred within 24 months from the last act of supply.

LEGAL CAPACITY AND MINORS

By registering an account with the Service, you represent that you have the legal capacity to enter into the Agreement as determined by your home country law. For example, if you are an Italian User and you have not reached the age required by Italian law for legal capacity, you may only register with Service with the involvement of a parent or guardian.

FINAL OBLIGATIONS OF THE USER

The User undertakes not to infringe:

the T&C;
the Applicable Laws and privacy Laws of Italy and/or the country in which it is located and/or the country in which it resides, or otherwise applicable to the activities it performs;
the rights of the Company and/or Third Parties.

REMEDIES IN FAVOUR OF THE COMPANY

The Company may, at its sole discretion and without any obligation to pay compensation:

cancel the User's registration of the Service in the event of a breach of the above Clause;
deny the User any further registration/use of the the Service;
take any action against the User for its own protection, including actions for damages.

INDEMNITY

The User will be liable, indemnifying and holding the Company harmless, for all actions, including reasonable legal fees, brought by Third Parties and aimed at obtaining compensation for damages regarding violations of the preceding Clause headed "Final Obligations of the User".

INTELLECTUAL PROPERTY RIGHTS

The Company is the exclusive owner of all Intellectual Property Rights in the Service, as well as trademarks and logos relating to the Company.
The provision of the Service by the Company shall not be deemed to be an assignment or licence by the Company to the User of any Intellectual Property Rights in the Service, the Company's trademark or any Content on the Service or any other right of use by the User and/or any Third Party .

HOW TO CONTACT US

For any general questions, you can contact the company online by writing to info@fankee.co.
Our designated points of contact for Member States’ authorities, the EU Commission and the Board is CEO, that you may contact by writing at the following email address info@fankee.co.
Our designated points of contact for the recipients of the Service, including any User, is Community Specialist, that you may contact by writing at the following email address info@fankee.co.
Any person or entity may notify the Company of the presence in our Services of specific information that such person or entity believes constitutes illegal Content.
For legal notices or service of documents, you can write to us at the following email address: info@fankee.co.
For specific requests, the User may use the forms available on the Service at the time being, if any, depending on the type of request.

INTERNAL COMPLAINTS MANAGEMENT SYSTEM

In the event of a disagreement between the Company and the User, including those whose use of the Services in question may have been restricted, suspended, discontinued or terminated, in order to have access to immediate, adequate and effective means of redress, we encourage the User to contact us first in each case to find an amicable solution.
The User may send a complaint request to this email address: info@fankee.co. We will do our best to try to resolve the User's complaint in an amicable manner.
If the matter remains unresolved or the User is not satisfied with the result, the User may resort to alternative methods of dispute resolution.
In any event, this internal complaints handling process does not affect the rights of the User or the rights of the Company to initiate legal proceedings at any time before, during or after these processes.

TERMINATION, RESTRICTION OR SUSPENSION OF THE PROFILE

The Company has the right to terminate, suspend or restrict the Registered User's profile.
In the event of termination, restriction or suspension, the Company will provide the Registered User, prior to or at the time the termination, restriction or suspension takes effect, with a reason for such decision via the email address specified in the Registered User's profile.
Those whose use of the profile in question may have been terminated, restricted or suspended, in order to have access to immediate, adequate and effective means of redress, may apply our internal complaints handling procedure as described in Clause 24.

MISCELLANEOUS

The Company reserves the right to change at any time any of the legal documents on the Service (including, without limitation, the T&C, the Privacy Policy, the Cookie Policy if present, etc.), as well as the Service and/or the Services and/or the Content, in order to offer new Services, or to comply with new legal or regulatory requirements. Therefore, the Company invites Users to periodically consult the aforementioned legal documents and the Service, also in order to check for any updates or changes. Changes to the T&C will not have retroactive effect and will come into force no earlier than seven days after the date of publication. In any event, the Company will inform Users of any significant changes to the T&C and other legal documents relating to the provision of the Services.
The T&C constitute the integral manifestation of all understandings and agreements between the Parties in relation to its subject matter and constitute the sole source of rights and obligations between them, superseding and annulling any previous verbal, written and/or concluded agreements by concluding facts.
The headings of the individual Clauses have been placed for the sole purpose of facilitating the reading of the T&C and, therefore, shall not be taken into account for the interpretation thereof.
The T&C regulate the relationship between the Company and the User and do not give rise to any rights in favour of, or obligations against, Third Parties.
Any tolerance by the Company of conduct on the part of the User in violation of the provisions contained in the T&C does not constitute a waiver of the rights arising from the violated provisions, nor of the right to demand the exact fulfilment of all terms and conditions stipulated therein.
The rights and remedies included herein are not exclusive, but are in addition to other rights and remedies available under Applicable Law.
If any provision of the T&C is found by a court or other competent authority to be invalid or unenforceable, such provision shall be deemed to be deleted from the T&C and the remaining provisions of the T&C shall remain and continue to remain in full force and effect.
Any limitation or exclusion of liability provided for in favour of the Company in the T&C shall apply to the fullest extent permitted by law.
In the event of any conflict between the provisions contained in these Final Provisions and those contained in the other Sections, the latter shall prevail unless expressly stated otherwise.
The provisions contained in the Final Provisions apply to all legal documents available on the Service, unless expressly provided for in another legal document of the Company.

APPLICABLE LAW AND JURISDICTION

The T&C, and any Agreement between the User and the Company based on them, are governed by Italian law with the express exclusion of the relevant provisions of international private law.
Any dispute concerning the interpretation, execution, termination or validity of the T&C shall be deferred to the exclusive jurisdiction of the Court of Milan.
In case the provisions of this Clause are unenforceable under the mandatory rules of the User's country, then the applicable law and the competent court shall be determined according to the laws of that country.
If you are a Consumer and have your habitual residence in the European Union, you may benefit from the additional protections provided by the mandatory rules of your country of residence.

SECTION D: GLOSSARY

Artist means any Registered User seeking promotion of their music through the Service;

Agreement means the legally binding agreement that the User enters into with the Company as a result of accepting the T&C and/or particular Sections thereof;

Applicable Law means the law governing the T&C;

Clause means any Clause of the T&C;

Company or also “we”, “us”, “our” means Makehit S.r.l., with registered office in Milan, Via Cornaggia 10, VAT n. 13519500964

Consumer means the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;

Content by way of example only, any finite stream of data or information (file or software package), containing textual, photographic, video, audio, scripts, graphics, programming code, writings (including the manner in which the same are presented and formatted), and functionality present on the Service;

Contests means any competition managed by the Company, through the Service, for artistic purposes, meant to reward the best Artists, as well as Fans contributing to their visibility;

Cookie Policy means the information on the use of cookies by the time present if necessary available at https://fankee.co/cookie-policy;

Data means the information about the User that is necessary to use the Service and any information transmitted by the device with which the User navigates and uses the Service (which may be stored temporarily);

Fan means any Registered User that uses the Service to promote the Artists to benefit from a share of their royalties;

Glossary means the Section D of the T&C;

Intellectual Property Rights means patents, utility models, designs, copyrights, trademarks or service marks, rights in the topography of semiconductor services, database rights, rights in confidential information, including know-how and trade and industrial secrets moral rights or other similar rights in any country and, whether or not registered, any applications for registration of any of the foregoing rights and all rights relating to the filing of applications for registration of any of the foregoing rights that are owned by, licensed to or otherwise lawfully used by the Company;

T&C means these terms and conditions as per Preamble;

Party means the Company or the User, depending on the context, and "Parties" means the Company and the User jointly;

Personal Data means any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, by reference in particular to an identifier such as a name, an identification number, location data, an online identifier or to one or more features of his/her physical, physiological, genetic, mental, economic, cultural or social identity;

Registered User means any User having a registered account on the Service;

Section means any section of the T&C;

Service means the intermediary service accessible from the Website fankee.co, named “Fankee”;

Third Party any entity other than the Company and the Users;

Users or also “you”, “your”, means the natural or legal persons who are users of the Service, divided into categories as defined in the preamble of this text;

Website means the Website fankee.co and subdomains.