Friend Mix Terms & Conditions
Effective as of 19 December 2018
Thank you for downloading the Friend Mix mobile app.
By downloading the app onto your device you, the end user of the app, confirm that you accept these terms and conditions (Terms) which will create a legally binding contract between you and us. You may also be asked to confirm that you accept these Terms when you first open the app and if there are any material changes to these Terms.
Please also read our PRIVACY POLICY which also applies to your use of the app.
If you do not agree to these Terms, you should not accept these Terms and you should delete the app from your device.
Who we are
The app is provided by Audiogum UK Limited. We are a private company registered in England and Wales under company number 10151657. Our registered office is at Freshford House, Redcliffe Way, Bristol BS1 6NL.
Changes to these terms
We may make minor changes to these Terms without notifying you, provided such changes do not materially affect your rights. If we make any changes to these Terms which may materially affect your rights, we will try to give you reasonable notice in advance by drawing your attention to such changes from within the app. If you do not agree with any changes, you should not confirm your agreement to them and you should delete the app from your device.
Using the app
Age restrictions: Unless prohibited by the laws of the country in which you reside, you must be 18 or older, or 13 or older with your parent/guardian’s consent, to use the app. If you are a parent or guardian and are concerned that the app may have inadvertently collected personal information from your child, please notify us by sending an email to friendmix-support@audiogum.com.
YouTube content: Your access to any content provided by YouTube is subject to YouTube’s Terms of Service, which you will be agreeing to be bound by when you access such content.
Third party services: Except for any content available through YouTube, you will not be able to listen to any content via the app unless you have a current and valid subscription to one or more third party content services (Content Services). You are responsible for managing your subscription to any Content Services and for ensuring that you comply with the terms and conditions relating to the use of any Content Services, including but not limited to the payment of any subscription fees.
Charges: Subject to any subscription fees you may pay to access any Content Services, the app is provided free of charge. However you will need internet access to use the app and you are responsible for paying the costs of such internet access.
Restrictions on using the app
Commercial use: You may only use the app for private and non-commercial purposes. If you use the app for commercial purposes in, you may also be in breach of the terms and conditions relating to any Content Services.
You may not transfer the app to someone else: The licence granted by us to you under these Terms gives you a personal right to use the app. While you may share the device on which the app is installed with someone else, you may not otherwise transfer the app to someone else. If you sell any device on which the app is installed, you must delete the app from it.
General restrictions: You agree that, unless permitted by these Terms or the laws of the country in which you reside, you will:
not rent, lease, sub-license, provide or otherwise make available, the app to any person;
not copy the app, except as part of the normal use of the app;
not translate, merge, adapt, vary, alter or modify, the app nor permit the app to be combined with, or become incorporated in, any other programs;
not disassemble, de-compile, reverse engineer or create derivative works based on the app nor attempt to do any such things;
not use any script or other automated process to interfere with or manipulate the app or the results generated from your use of the app;
not “crawl”, “scrape” or otherwise seek to collect any data or information from the app or any of the Content Services that may be accessed by or through the app using any automated process (including but not limited to bots, scrapers and spiders);
not use the app in any way that may violate the terms and conditions and licence restrictions applicable to any Content Services;
not use the app to circumvent any technical mechanisms that protect content (whether or not provided through Content Services) from unlawful reproduction or distribution;
not use the app to circumvent any geographic/territorial restrictions; and
comply with all applicable laws in relation to your use of the app, including technology control or export laws and regulations that apply to the technology used or supported by the app.
Suspension or termination of access: We may suspend or terminate your access to the app if we receive notice from any third party that, or we have reason to believe that, you have breached these Terms.
Rights granted to you
Grant of licence to the app: Provided you comply with these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use the app (including all updates and upgrades to the app) on devices owned or controlled by you. This licence will continue to be effective unless and until terminated by you (by deleting the app) or us (by suspending or withdrawing the app or giving you notice of termination).
Ownership of the app: We and our licensors own all intellectual property and other rights in and to the app which is licensed, not sold, to you. We and our licensors retain ownership of all copies of the app including those installed on your devices.
Third party software: Third party software (for example, open source software libraries) included in the app is licensed to you under the relevant third party’s licence terms which can be accessed within the ‘About’ section of the app.
Our liability to you
Unlawful exclusions or limitations: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. The limitations in this section may not apply in some jurisdictions if prohibited by applicable law.
Limitations: Without affecting your statutory and other rights as a consumer under the laws of the country in which you reside, to the fullest extent permitted by such laws:
the app is provided on an “as is” and “as available” basis and we make no representations and disclaim any warranties, conditions or guarantees as to satisfactory quality, merchantability, fitness for purpose or non-infringement;
we do not warrant or guarantee that the app, or any content made available by or through the app (whether or not provided through any Content Services) will always be available or be uninterrupted or error-free; and
in no event will we (or any person or company associated with us in any capacity) be liable to you for any indirect, special, incidental, punitive, exemplary or consequential damages (even if we have been advised of the possibility of those damages arising).
Your rights and remedies: You acknowledge and agree that, to the fullest extent permitted by the laws of the country in which you reside:
your sole remedy for any problems or dissatisfaction with the app shall be to delete your account and uninstall the app; and
our aggregate liability for all other claims shall be limited to GBP£100 (or the equivalent amount in the official currency of the country in which you reside).
Suspension, withdrawal and changes to the app
Suspension or withdrawal of the app: We may suspend, withdraw or restrict the availability of all or any part of the app (globally or in respect of any particular jurisdiction) for business, legal and operational reasons at any time. We will try to give you reasonable notice of any suspension or withdrawal.
Updates to the app: We may provide updates to the app to improve performance, enhance functionality, reflect changes to your device’s firmware, address security issues or comply with any applicable law or regulation. If you choose not to install such updates, you may not be able to continue using the app or the app may not perform as it should.
Other important terms
Apple® App Store® Terms: If you have downloaded the app from the Apple® App Store®, you acknowledge and agree that:
the agreement set out in these Terms is between you and us, not with Apple Inc. (Apple) and that we are solely responsible for the app made available via the Apple® App Store®;
Apple is not responsible for providing any maintenance and support services with respect to the app as described in these Terms or as may be required by applicable law;
we are solely responsible for any warranties made in respect of the app to the extent not effectively disclaimed under these Terms;
in the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and, where applicable, Apple will refund the purchase price for the app to you; but to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the app and Apple will not be responsible for addressing any claims relating to the app or your possession and/or use of the app, including (but not limited to), product liability claims; any claims that the app fails to conform to any applicable legal or regulatory requirement; and any claims arising under consumer protection or similar legislation;
Apple is not responsible for the investigation, defence, settlement and discharge of any third party claim that the app and/or your possession and use of the app, infringes that third party’s intellectual property rights;
Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary; and
you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, nor are you listed on any U.S. Government list of prohibited or restricted parties.
Google® Play™ Store Terms: If you have downloaded the app from the Google® Play™ Store, you acknowledge and agree that the terms of the Google® Play™ Developer Distribution Agreement shall override these Terms to the extent that these Terms conflict with the terms of such agreement and that each member Google’s group of companies shall be third party beneficiaries of these Terms and may enforce these Terms against you as a third party beneficiary.
Enforcement by third parties: You acknowledge and agree that the owners of any Content Services are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you where your failure to comply with these Terms would put you in breach of the terms and conditions of your agreement with them. However in all other circumstances, these Terms are not intended to grant any rights to anyone other than you and us and in no event shall these Terms create any third party beneficiary rights.
If a court finds part of these Terms illegal, the rest will continue in force: Each section of these Terms operates separately. If any court or other relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later: If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching the agreement between us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Class action waiver: Where permitted by the laws of the country in which you reside, you and we agree that each of us may bring claims against the other only in an individual capacity and not as claimant/complainant/plaintiff in any purported class or representative action. Unless you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a class or representation action.
Which laws apply to these Terms: Unless otherwise required by the laws of the country in which you reside, any claim, dispute or controversy arising in connection with these Terms (including non-contractual claims or disputes) shall be subject to English law (without regard to choice or conflicts of law principles).
Where you may bring legal proceedings: Unless otherwise required by the laws of the country in which you reside, in the event of any claim, dispute or controversy arising in connection with these Terms (including non-contractual claims or disputes), the parties shall try to reach an out-of-court settlement and if no settlement can be reached, such claim, dispute or controversy must be referred to the English courts (meaning that no other countries’ courts can preside over the matter). You may also access the Online Dispute Resolution Platform, an alternative dispute resolution forum operating entirely online which is managed by the European Commission. We do not accept any codes of conduct as mandatory in connection with these Terms.