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Legal Info
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Band / Artist - Terms & Conditions
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These terms and conditions (the "Terms & Conditions") govern the relationship between us (Fame Generation Limited (Registered in England) Registered Number: 5657427; Registered Office: 30 The Chase, Pinchbeck, Spalding, Lincolnshire PE11 3RS) and you in respect of the subject matter of these Terms & Conditions.
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| 1. |
Definitions
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| 1.1 |
In these Terms & Conditions the following words shall have the following meanings unless otherwise expressly stated:
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"Band" means your music band with the name as entered by you in the Registration Form;
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"Band Members" means the individual members of the Band as entered by you in the Registration Form;
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"Famegen account" means the account created by us for you, which can be accessed by using the log in details which we provide to you following acceptance by us of your registration application;
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"Our Email Address" means famegen@famegen.com;
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"Our Website" means our website with its homepage at http://www.famegen.com/;
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"Registration Form" means the registration form on Our Website;
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"Services" means the services which are only accessible from Our Website following acceptance by us of your registration application;
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"we" means Fame Generation Limited ('us' and 'our' will be construed accordingly);
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"Your Email Address" means the email address which you provided in the Registration Form, or such revised email address as you have notified to us in accordance with these Terms & Conditions.
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| 2. |
Commencement
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| 2.1 |
You agree to comply with these Terms & Conditions immediately after you confirm acceptance of them on Our Website.
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| 3. |
Registration
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| 3.1 |
You confirm that the details which you have provided in the Registration Form are complete and accurate, and that you are at least 18 years old. If you are not 18 years old, then you must ensure that your parent or guardian has completed the authorisation page to allow you to access the Services. Please note that providing false information may constitute a criminal offence, and we reserve the right to initiate a criminal prosecution in such circumstances.
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| 3.2 |
If you are a parent or guardian for the user who wishes to use the Services (such child being known as the "Child"; and the references to 'you' in this Clause 3.2 being to you the parent or guardian of the Child), you confirm that you will ensure that both you and such Child complies with all of the provisions in these Terms and Conditions which are expressed to apply to you, and you accept full responsibility and liability for any non-compliance with these Terms and Conditions by you or such Child. If your registration application together with the Child's registration application is accepted following your completion and the Child's completion of the Registration Form, one Famegen account will be created for joint use by you and such Child.
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| 3.3 |
You confirm that you will ensure that the Band and Band Members also comply with each of the provisions of these Terms and Conditions which apply to you, and you separately confirm that the Band and Band Members have authorised you as their agent to bind them to these Terms and Conditions.
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| 3.4 |
You confirm that you, the Band and the Band Members are authorised to contract with us, and that this authorisation will continue for the duration that your Famegen account continues to be in force. Furthermore, you confirm that you are not subject to any restriction or other legal requirement which would prevent you from agreeing to these Terms and Conditions (including without limitation any arrangements with a music label, recording company, or other such arrangement).
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| 3.5 |
In addition to our rights and remedies against the Band and the Band Members, you confirm that you accept full responsibility and liability for any non-compliance with these Terms and Conditions by the Band and Band Members.
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| 3.6 |
If your registration application is accepted following your completion of the Registration Form, one FameGen account will be created for joint use by you and the Band Members.
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| 3.7 |
You and the Band Members agree to have joint and several liability with regard to your obligations and the Band Member's obligations pursuant to these Terms and Conditions. Subject to Clause 9.3, no individual will be discharged from their obligations pursuant to these Terms and Conditions, even if that Band Member is no longer part of the Band, unless we confirm this by email to Your Email Address from Our Email Address.
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| 3.8 |
You agree to immediately inform us by sending an email to Our Email Address, of any changes to your contact details. Such email must originate from the last email address which you have registered with us.
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| 3.9 |
You agree to our privacy policy (which is accessible by clicking here).
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| 4. |
User Name & Password
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| 4.1 |
After receipt of your completed Registration Form, if we accept your registration application, we will email to Your Email Address, a unique user name and password. You agree to keep these details safe, confidential and not to disclose them to any party (other than the Band Members) but only to use them for the purposes of the Services and to log in to your FameGen account.
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| 4.2 |
If you forget your user name and/or password, please send an email to Our Email Address confirming this, and new log in details will be emailed to Your Email Address.
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| 5. |
The Services
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| 5.1 |
You will have access to the Services from the date that we accept your registration application following submission of your completed Registration Form, and you will then be permitted to use the area, services and facilities shown as reserved for bands on Our Website, which you will be able to access by logging into your FameGen account.
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| 5.2 |
You agree that by using Our Website and the Services, you are acting in the course of a business and not as a consumer.
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| 5.3 |
You agree that by using Our Website and the Services, you will not: copy convert; modify; distribute; or make available any links to: any of the content on, or available from, Our Website.
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| 5.4 |
All access provided by us to you in respect of Our Website and Services is on a licence only basis. We do not grant you ownership of any intellectual property rights. Furthermore, we and our third parties reserve our rights in all proprietary rights and intellectual property rights in the works on and available from our Website.
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| 6. |
Charges
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| 6.1 |
Details of applicable charges and when they are payable are shown on Our Website.
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| 6.2 |
We will credit to your FameGen account the amounts which are due to the Band pursuant to these Terms and Conditions. We will deduct from your FameGen account any amounts by way of set-off, counterclaim, mistake or as otherwise permitted by these Terms and Conditions. We will credit your bank account (details of which you entered in the Registration Form, or as such details are updated from time to time by you logging into your FameGen account) with the balance of your FameGen account in accordance with Clause 6.1.
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| 6.3 |
If there is any mistake with any payments (whether in relation to the charges shown on Our Website or otherwise) then we will inform you of this and make the appropriate adjustment to your FameGen account balance, or if there is no balance in your FameGen account and an amount is due from the Band to us, then we will send you a notice with details of the amount which is owing, and you agree to pay this amount within 7 days of such notice, or we may at our sole discretion choose to debit any future amounts due to you against any balance owing to us.
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| 7. |
Content, Tracks & Charts
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| 7.1 |
You will ensure that all content (including without limitation music and any webpages) provided or created by you on Our Website (all such content collectively being known as the "Content"):
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| 7.1.1 | is provided after exercising reasonable skill and care; |
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| 7.1.2 | is provided in recognition of the fact that it will be accessible by a world-wide audience using the internet, and consequently any personal data relating to individuals contained within the Content will be accessible outside the European Economic Area (please see the Privacy Policy by clicking here to see the implications of this), and you therefore are agreeing to such use of the Content; |
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| 7.1.3 | is provided lawfully (including without limitation, without infringing any intellectual property rights of any party); |
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| 7.1.4 | is not: illegal; defamatory; vulgar; obscene; pornographic; racist; prejudicial (including without limitation, whether from a race, religion, sexual orientation or other perspective); derogatory; or inappropriate for children; |
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| 7.1.5 | is not reasonably likely to bring us, Our Website or the Services into disrepute; |
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| 7.1.6 | does not advertise nor promote any material or services which compete with the content or services provided on or via our Website or Services; and |
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| 7.1.7 | does not contain any links or references to webpages or websites other than those on Our Website. |
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| 7.2 |
You will ensure that all music uploaded by you constitutes original work.
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| 7.3 |
You may remove any tracks which you upload to Our Website at any time.
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| 7.4 |
We reserve the right at our sole discretion to remove any content from our Website and Services including without limitation any Content provided by you, without notice and with immediate effect. With regard to removal of any Content pursuant to this Clause, we will only remove such material if we consider it to be inappropriate (with us acting reasonably). Such removal will not result in any compensation payments being made to you.
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| 7.5 |
You confirm that we may provide free of charge sample downloads of any or all of your tracks submitted to Our Website. You confirm that we may choose in our sole discretion as to which part and duration of the tracks to use for the sample downloads. You also agree that you will not be entitled to receive any payment in respect of making such downloads available, nor the actual download of such samples by customers.
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| 7.6 |
You confirm that we may use any of the tracks which you upload to Our Website to create compilations for downloading by customers, in which case the applicable charges for the compilations specified on Our Website will apply.
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| 7.7 |
We retain ownership of all images, artwork and other works provided by us for use by you to create any webpages or works on Our Website.
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| 7.8 |
You hereby license us without charge to use any of the Content for publicising or marketing the Band, the Band Members, Our Website and the Services.
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| 7.9 |
All intellectual property rights (including without limitation copyright) (collectively known as "IPR") in the webpages which you create (other than any photos or third party materials which you incorporate into such webpages) shall vest in us and you hereby assign to us with full title guarantee free from all charges, liens, licences and other encumbrances all IPR in such works (such works being referred to as the "Bespoke Materials"). Furthermore, you agree to undertake all acts necessary at your cost to ensure that the IPR in the Bespoke Materials are vested in us.
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| 7.10 |
You agree to indemnify and keep us indemnified in full against all losses (including without limitation reasonable legal fees), incurred or suffered by us resulting directly or indirectly from any claim that the operation, possession, or use of the Content (in whole or in part) infringes the intellectual property rights of a third party.
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| 7.11 |
We retain full control of compilation and operation of the charts shown on Our Website, and we will not be required to provide any explanation or justification with regard to such charts.
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| 7.12 |
If in a 6 month period none of your tracks have been downloaded by customers on a chargeable basis and you have not logged into your FameGen account, then we may provide you with notice of our intention to terminate your FameGen account. Unless you then log into your FameGen account within 30 days of our notice, we may terminate your FameGen account. If you log into your FameGen account within the 30 day period, then we will monitor your FameGen account and the number of tracks downloaded by customers, and we may send you another termination notification if there continues to either be any inactivity on your FameGen account or no further downloads of your tracks by customers on a chargeable basis for any subsequent period of 30 days.
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| 8. |
Limitation of Liability
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| 8.1 |
Nothing in these Terms & Conditions shall restrict or exclude our liability for death or personal injury resulting from our negligence. Nothing in these Terms & Conditions shall restrict or exclude our liability for fraud. We also do not exclude or limit any liability which may not be lawfully excluded or limited.
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| 8.2 |
We shall not be liable to you for consequential, special, incidental or indirect losses, or the following losses whether direct, consequential, special, incidental or indirect losses: loss of profits; loss of revenue; loss of business or contracts; loss of anticipated savings or goodwill; loss of data; (or any losses arising from a claim by a third party for any of the above losses) whether arising under contract, tort (including without limitation, negligence), or otherwise.
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| 8.3 |
Subject to Clause 8.1 and 8.2, our aggregate liability for all claims arising under or in connection with these Terms & Conditions (whether arising under contract, tort (including without limitation negligence) or otherwise) shall be limited to paying you the charges which are shown on Our Website (subject to our ability to correct any mistakes) as payable by us to you in accordance with these Terms and Conditions.
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| 8.4 |
Our fees have been calculated on the basis that we will exclude and limit our liability as set out in these Terms & Conditions, and you agree that such limitations and exclusions of liability are therefore reasonable.
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| 9. |
Signed Bands or Band Members
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| 9.1 |
If the Band or one or more Band Members enters into a recording contract or other contract for provision of music, songs or lyrics with a third party (any of these events being referred to as a "Signed Up Event"), then you agree to inform us immediately of this fact by email to Our Email Address, together with a copy of the letter from the third party which is the other contracting party confirming the Signed Up Event (such third party being referred to as the "Record Company").
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| 9.2 |
We may following a Signed Up Event, continue to publicise in any medium for such period as we choose in our sole discretion (which can exceed termination of the contract between us and you) the fact that the relevant Band or Band Member was previously featured by us on Our Website and as a result has now been awarded a contract by the Record Company. Following a Signed Up Event, you agree to provide at least one royalty-free reasonable photograph which is suitable for publicity purposes of the respective Band or Band Member which we can use as part of our marketing of Our Website and Services, and you authorise us to use any of the Content including the name of the Band and Band Members for such purposes as well, without charge.
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| 9.3 |
If a Signed Up Event relates to a Band Member, then you must change your password so that that the respective Band Member can not access the FameGen account (as until then you will continue to be bound by any changes such Band Member makes to your FameGen account, and you will be liable for any liability which such Band Member gives rise to in respect of these Terms and Conditions). That individual will then be released from any liability which arises following the date of the Signed Up Event, provided that such liability has not arisen as a result of the acts of that Band Member. The remaining Band Members will continue to receive any charges which accrue in respect of downloads of any tracks which the Band have submitted and continue to submit to Our Website for the duration that they continue to be jointly and severally liable in respect of the FameGen account.
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| 9.4 |
If a Signed Up Event relates to the whole Band, then the FameGen account will be terminated in accordance with Clause 10.
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| 10. |
Termination
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| 10.1 |
Either party may immediately terminate your FameGen account at any time, either by you selecting this option in your FameGen account, or by us sending an email to Your Email Address. Termination of your FameGen account will prevent you using the Services. If we terminate your FameGen account because of a breach by you of any provision in these Terms & Conditions, then in such circumstances we may make such reasonable deductions from the balance of your FameGen account before crediting any remaining balance (if any) to your bank account within 60 days of termination of your FameGen account. If your FameGen account is terminated in circumstances where the termination is not in respect of a breach committed by you of the Terms and Conditions, then in such circumstances we will transfer any balance in your FameGen account to your bank account within 60 days of termination of your FameGen account. Termination of your FameGen account will be without prejudice to each party's additional rights and remedies.
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| 10.2 |
Following termination of your FameGen account, we will prevent you accessing your FameGen account, and we will remove your Content from Our Website, but we may continue to use that part of the Content as refererred to in these Terms and Conditions for ongoing marketing and publicity purposes in accordance with these Terms and Conditions.
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| 10.3 |
Other than in respect of where prohibited by law, we do not accept any liability for any claims not notified to us within 30 days of the cause of the claim arising.
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| 10.4 |
Termination of your FameGen account or our contract with you, is without prejudice to each party's rights and remedies. Furthermore, those provisions of the Terms and Conditions which are expressed or intended to continue beyond termination of your FameGen account or our contract with you, will continue to apply (this includes without limitation, Clause 9).
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| 11. |
Contracts (Rights of Third Parties) Act 1999
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For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms & Conditions are not intending to, and do not, give any person who is not a party to it any right to enforce any of its provisions.
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| 13. |
Severability
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| 13.1 |
If at any time any part of these Terms & Conditions or a Clause in these Terms & Conditions becomes void or unenforceable under any applicable law it shall be deemed to be deleted from these Terms & Conditions and the remaining provisions of these Terms & Conditions shall continue unaffected.
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| 14. |
Assignment
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| 14.1 |
You may not assign, delegate, sub-contract, transfer or otherwise dispose of any of your rights or responsibilities under these Terms & Conditions.
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| 14.2 |
We may assign any or all of our rights and obligations by notice in writing to you.
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| 15. |
Variations
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| 15.1 |
We may from time to time change these terms and conditions, and we will advise you of such changes by email and/or on Our Website. Your continued use of Our Website and Services will confirm your acceptance of such changes. If the changes to the Terms and Conditions materially and adversely affect your rights or the Services, then you may terminate your account in accordance with Clause 10.1.
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| 16. |
Events Beyond Our Control
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| 16.1 |
We will not be liable for any issues, events, delays or non-performance of our obligations, to the extent that such issues are caused by events beyond our reasonable control.
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| 16.2 |
Our Website is hosted by a third party company and therefore there may be times when Our Website and the Services are inaccessible due to outages and maintenance. However, we do not envisage that such unavailability would last for prolonged periods of time such that it materially affects your access to Our Website and the Services. However, you must acknowledge that we are unable to offer any guaranteed availability times in relation to Our Website and the Services. If you do have any continued problems in relation to access, please send an email to Our Email Address and our customer service team will look into them.
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| 17. |
Entire Agreement
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| 17.1 |
These Terms & Conditions contain the entire agreement between the parties with respect to the subject matter of these Terms and Conditions (the "Subject Matter") and supersede all other written and oral communications between the parties relating to the Subject Matter. The express terms, conditions and warranties in these Terms and Conditions are in lieu of all warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by statute, common law, custom, usage or otherwise all of which are hereby excluded to the fullest extent permitted by law. The parties hereby confirm that they have not relied upon any representations, communications or other matters which have not been expressly stated in these Terms and Conditions. Notwithstanding any provision to the contrary, nothing in these Terms and Conditions limits or excludes either party's liability for fraudulent misrepresentations.
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| 18. |
Notices
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| 18.1 |
You agree to provide all communications and notices in relation to these Terms & Conditions by sending us an email from Your Email Address to us at Our Email Address, or alternatively in writing to us, marked for the attention of the "Customer Services Manager" at famegen@famegen.com.
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| 19. |
Dispute
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| 19.1 |
In the event of any dispute or issue, we may at our sole discretion immediately upon notice, suspend your FameGen account, your access to the Services and Our Website, pending resolution of the dispute or issue. During such suspension, we will not be required to make any payments to you pursuant to these Terms and Conditions.
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| 19.2 |
We confirm that we will act reasonably in invoking any suspension pursuant to Clause 19.1.
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| 19.3 |
Both parties agree to act reasonably in attempting to resolve any dispute or issue which arises pursuant to the Terms and Conditions.
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| 20. |
Law and Jurisdiction
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| 20.1 |
These Terms & Conditions and any dispute or claim arising in connection with them shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts to which you irrevocably submit.
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Listener - Terms & Conditions
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These terms and conditions (the "Terms & Conditions") govern the relationship between us (Fame Generation Limited (Registered in England) Registered Number: 5657427; Registered Office: 30 The Chase, Pinchbeck, Spalding, Lincolnshire PE11 3RS) and you in respect of the subject matter of these Terms & Conditions.
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| 1. |
Definitions
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| 1.1 |
In these Terms & Conditions the following words shall have the following meanings unless otherwise expressly stated:
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"FameGen account" means the account created by us for you, which can be accessed by using the log in details which we provide to you following acceptance by us of your registration application;
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"Our Email Address" means famegen@famegen.com;
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"Registration Form" means the registration form on Our Website;
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"Services" means the services which are only accessible from Our Website following acceptance by us of your registration application;
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"we" means Fame Generation Limited ('us' and 'our' will be construed accordingly);
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"Your Email Address" means the email address which you provided in the Registration Form, or such revised email address as you have notified to us in accordance with these Terms & Conditions.
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| 2. |
Commencement
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| 2.1 |
You agree to comply with these Terms & Conditions immediately after you confirm acceptance of them on Our Website.
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| 3. |
Registration
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| 3.1 |
You confirm that the details which you have provided in the Registration Form are complete and accurate, and that you are at least 18 years old. If you are not 18 years old, then you must ensure that your parent or guardian has completed the authorisation page to allow you to access the Services. Please note that providing false information may constitute a criminal offence, and we reserve the right to initiate a criminal prosecution in such circumstances.
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| 3.2 |
If you are a parent or guardian for the user who wishes to use the Services (such child being known as the "Child"; and the references to 'you' in this Clause 3.2 being to you the parent or guardian of the Child), you confirm that you will ensure that both you and such Child complies with all of the provisions in these Terms and Conditions which are expressed to apply to you, and you accept full responsibility and liability for any non-compliance with these Terms and Conditions by you or such Child. If your registration application together with the Child's registration application is accepted following your completion and the Child's completion of the Registration Form, one FameGen account will be created for joint use by you and such Child.
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| 3.3 |
You agree to immediately inform us by sending an email to Our Email Address, of any changes to your contact details. Such email must originate from the last email address which you have registered with us.
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| 3.4 |
You agree to our privacy policy (which is accessible by clicking here).
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| 4. |
User Name & Password
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| 4.1 |
After receipt of your completed Registration Form, if we accept your registration application, we will email to Your Email Address an activation link to activate your FameGen account. You agree to keep you user name and password details safe, confidential and not to disclose them to any party but only to use them for the purposes of the Services and to log in to your FameGen account.
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| 4.2 |
If you forget your user name and/or password, please follow the procedure shown on Our Website for obtaining revised details.
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| 5. |
User Name & Password
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| 5.1 |
You will have access to the Services from the date that we accept your registration application following submission of your completed Registration Form, and you will then be permitted to download tracks up to your credit balance shown in your FameGen account.
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| 5.2 |
Subject to Clause 8, you may not cancel any downloads or apply for a refund of any downloads.
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| 5.3 |
You confirm that by using Our Website and the Services, you are acting as a consumer only and not in connection with, nor in the course of a business.
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| 5.4 |
You agree that by using Our Website and the Services, you will not: copy (except for your own backup purposes in respect of any tracks which you have lawfully downloaded from Our Website); convert; modify; distribute; or make available any links to: any of the content on, or available from, Our Website.
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| 5.5 |
All access provided by us to you in respect of Our Website and Services is on a licence only basis. We do not grant you ownership of any intellectual property rights. Furthermore, we and our third parties reserve our rights in all proprietary rights and intellectual property rights in the works on and available from our Website.
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| 6. |
Charges
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| 6.1 |
We will charge the credit card details which you entered in the Registration Form for the amount which you wish to credit to your FameGen account. We will deduct from your FameGen account the download charges shown on Our Website for any tracks which you select for downloading. However, if there is any mistake in relation to the charges shown on Our Website then we will inform you of this and make any appropriate adjustment to your FameGen account balance.
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| 7. |
Content Providers
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| 7.1 |
Certain of the content on Our Website (in particular the tracks and the information relating to the bands) is provided by independent third parties.
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| 7.2 |
We do not endorse any of the content, and you must make your own decision as to whether or not to use the content.
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| 7.3 |
If you have any complaints about the third party content please send an email to Our Email Address with details of your complaint and we will monitor such complaints to determine whether to remove certain third parties and/or content from Our Website.
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| 8. |
Limitation of Liability
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| 8.1 |
Nothing in these Terms & Conditions shall restrict or exclude our liability for death or personal injury resulting from our negligence. Nothing in these Terms & Conditions shall restrict or exclude our liability for fraud. We also do not exclude or limit any liability which may not be lawfully excluded or limited.
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| 8.2 |
We shall not be liable to you for consequential, special, incidental or indirect losses, or the following losses whether direct, consequential, special, incidental or indirect losses: loss of profits; loss of revenue; economic loss; loss of business or contracts; loss of anticipated savings or goodwill; loss of data; (or any losses arising from a claim by a third party for any of the above losses) whether arising under contract, tort (including without limitation, negligence), or otherwise.
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| 8.3 |
Subject to Clause 8.1 and 8.2, our aggregate liability for all claims arising under or in connection with these Terms & Conditions (whether arising under contract, tort (including without limitation negligence) or otherwise) shall be limited to refunding to you any unused balance in your FameGen account together with the respective amounts we have debited in respect of any tracks which have not fully downloaded to your computer. Please note that with regard to non-downloaded tracks, this is subject to the contents of Clause 8.4 below.
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| 8.4 |
If a track is not downloaded to your computer following our acceptance of your order for such a track, then you must notify us of this fact by sending an email to Our Email Address from Your Email Address, within 24 hours from the time when your order was accepted. We will then make the same track available for download (to the extent that this is reasonably possible). If we provide such track for download, and the track is capable of successful download, then no refund will be credited to your account pursuant to Clause 8.3 for the initial unsuccessful download of the track.
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| 8.5 |
If you lose any tracks from your computer unrelated to any acts by us, then any of those tracks which you wish to obtain from us again, must be paid for again. It is your responsibility to keep a back up of the tracks which you download.
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| 8.6 |
Our fees have been calculated on the basis that we will exclude and limit our liability as set out in these Terms & Conditions, and you agree that such limitations and exclusions of liability are therefore reasonable.
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| 9. |
Termination
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| 9.1 |
Either party may immediately terminate your FameGen account at any time, either by you selecting this option in your FameGen account, or by us sending an email to Your Email Address. Termination of your FameGen account will prevent you using the Services. If we terminate your FameGen account because of a breach by you of any provision in these Terms & Conditions, then in such circumstances we may make such reasonable deductions from the balance of your FameGen account before returning any remaining balance (if any) to your credit card within 30 days of termination of your account. If your FameGen account is terminated in circumstances where the termination is not in respect of a breach committed by you of the Terms and Conditions, then in such circumstances we will transfer any balance in your FameGen account to your credit card. Termination of your FameGen account will be without prejudice to each party's additional rights and remedies.
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| 9.2 |
Other than in respect of Clause 8.4 where a 24 hour time period applies, and other than where prohibited by law, we do not accept any liability for any claims not notified to us within 30 days of the cause of the claim arising.
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| 9.3 |
Termination of your FameGen account or our contract with you, is without prejudice to each party's rights and remedies. Furthermore, those provisions of the Terms and Conditions which are expressed or intended to continue beyond termination of your FameGen account or our contract with you, will continue to apply.
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| 10. |
Contracts (Rights of Third Parties) Act 1999
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| 11 |
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision in these Terms & Conditions, these Terms & Conditions are not intending to, and do not, give any person who is not a party to it any right to enforce any of its provisions.
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| 12. |
Severability
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| 12.1 |
If at any time any part of these Terms & Conditions or a Clause in these Terms & Conditions becomes void or unenforceable under any applicable law it shall be deemed to be deleted from these Terms & Conditions and the remaining provisions of these Terms & Conditions shall continue unaffected.
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| 13. |
Assignment
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| 13.1 |
You may not assign, delegate, sub-contract, transfer or otherwise dispose of any of your rights or responsibilities under these Terms & Conditions.
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| 13.2 |
We may assign any or all of our rights and obligations by notice in writing to you.
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| 14. |
Variations
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| 14.1 |
We may from time to time change these terms and conditions, and we will advise you of such changes by email and/or on Our Website. Your continued use of Our Website and Services will confirm your acceptance of such changes. If the changes to the Terms and Conditions materially and adversely affect your rights or the Services, then you may terminate your account in accordance with Clause 9.1.
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| 15. |
Events Beyond Our Control
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| 15.1 |
We will not be liable for any issues, events, delays or non-performance of our obligations, to the extent that such issues are caused by events beyond our reasonable control.
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| 15.2 |
Our Website is hosted by a third party company and therefore there may be times when Our Website and the Services are inaccessible due to outages and maintenance. However, we do not envisage that such unavailability would last for prolonged periods of time such that it materially affects your access to Our Website and the Services. However, you must acknowledge that we are unable to offer any guaranteed availability times in relation to Our Website and the Services. If you do have any continued problems in relation to access, please send an email to Our Email Address and our customer service team will look into them.
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| 16. |
Entire Agreement
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| 16.1 |
These Terms & Conditions govern your use of Our Website and the Services. You hereby confirm that you have not relied upon any representations, communications or other matters which have not been expressly stated in these Terms & Conditions. Notwithstanding any provision to the contrary, nothing in these Terms & Conditions limits or excludes our liability for fraudulent misrepresentations.
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| 17. |
Notices
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| 17.1 |
You agree to provide all communications and notices in relation to these Terms & Conditions by sending us an email from Your Email Address to us at Our Email Address, or alternatively in writing to us, marked for the attention of the "Customer Services Manager" at famegen@famegen.com.
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| 18. |
Dispute
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| 18.1 |
In the event of any dispute or issue, we may at our sole discretion immediately upon notice, suspend your FameGen account, your access to the Services and Our Website, pending resolution of the dispute or issue. During such suspension, we will not be required to make any payments to you pursuant to these Terms and Conditions.
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| 18.2 |
We confirm that we will act reasonably in invoking any suspension pursuant to Clause 18.1.
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| 18.3 |
Both parties agree to act reasonably in attempting to resolve any dispute or issue which arises pursuant to the Terms and Conditions.
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| 19. |
Law and Jurisdiction
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| 19.1 |
These Terms & Conditions and any dispute or claim arising in connection with them shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts to which you irrevocably submit.
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Privacy Policy
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Fame Generation Limited is committed to ensuring that your privacy is protected. This privacy policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.
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| 1. |
The information we collect and how we use it
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When you register for our service we need to know your name, postal address, e-mail address, telephone number. We also need to know your date of birth, country, currency, secret question and answer, account password. We gather this information to allow us to process your registration, process any orders you may make and process any account related actions. The relevant information is then used by us, our agents and sub-contractors to improve your experience on famegen and to communicate with you on any matter relating to the conduct of your account and the provision of the service in general.
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We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual.
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We may also wish to provide you with information about special features of our website or any other service or products we think may be of interest to you. If you would rather not receive this information, you will have the opportunity on our website at the time of registration to make this clear, and subsequently if you change your mind you can send an email with such a request to famegen@famegen.com.
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We may also provide your information to third parties both within the European Economic Area (“EEA”) and outside the EEA (it is important that you read Section 3 below with regard to any data we send outside the EEA), whose products or services we believe may be of interest to you (this may include, but is not limited to mobile phone companies and music companies for example). If you do not wish us to disclose your information in this way, you will have the opportunity as part of the registration process to make this clear, and subsequently if you change your mind you can send an email with such a request to famegen@famegen.com.
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| 2. |
Our use of cookies and other information gathering technologies
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A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are.
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A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
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When you visit our website we send you a cookie. Cookies may be used in the following ways:
- To help us recognise you, so that you do not have to re-key your registration details.
- To help us recognise you as a unique visitor (just a number) when you return to our website and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly.
- To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our website. We cannot identify you personally in this way.
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Two types of cookies may be used on this website: (1) session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site; and (2) persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).
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Use of Web Beacons
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Some of our Web pages may contain electronic images known as web beacons (sometimes known as clear gifs) that allow us to count users who have visited these pages. Web beacons collect only limited information which includes a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. We may also carry web beacons placed by third party advertisers. These beacons do not carry any personally identifiable information and are only used to track the effectiveness of a particular campaign.
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Third Party Advertising
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We may use a third party to serve advertisements on our site. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control of cookies placed by third parties.
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Disabling/Enabling Cookies
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You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled. In order to block or delete cookies, select the “Contents & Index” tab under the “Help” menu of your internet browser and type in “delete cookies” or “block cookies” to find a step by step process of how to undertake such actions.
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| 3. |
Where we process your personal data
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Although we process your data within the European Economic Area (“EEA”), we also store your data on servers which reside within the USA and owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to other countries outside the EEA that do not have similar protections in place as the EEA regarding your data and its use as set out in this policy. By submitting your information you consent to the processing of your data in the USA and these transfers outside the EEA.
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If you allow us to send your data outside the EEA as mentioned in Section 1 to third parties whose products or services we believe may be of interest to you, then you are also acknowledging the contents of the above paragraph in Section 3 with regard to the implications of sending data outside the EEA , and you are agreeing to this.
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| 4. |
How we protect your information
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The internet is not a secure medium. However we have put in place various security procedures to protect your information.
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| 5. |
Sale of business
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If this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business. You will be informed of any change in ownership in our business.
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| 6. |
Updating your details
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If any of the information that you have provided to us changes, for example if you change your e-mail address, name or other details, please let us know the correct details by sending an e-mail to famegen@famegen.com or by sending a letter to Fame Generation Limited, 30 The Chase, Pinchbeck, Spalding, Lincolnshire PE11 3RS.
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| 7. |
Your consent
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By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. We will also e-mail you should we make any changes to the way in which we use your information so that you may consent to our use of your information in that way. Continued use of the service will signify that you agree to any such changes.
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| 8. |
How to contact us
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We welcome your views about our website and our privacy policy. If you would like to contact us with any queries or comments please send an e-mail to famegen@famegen.com or please write to the Customer Service Department at Fame Generation Limited, 30 The Chase, Pinchbeck, Spalding, Lincolnshire PE11 3RS.
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