Effective Date: Poniedziałek 26 Luty 2024

IMPORTANT

PLEASE READ THESE SUBSCRIPTION TERMS ("SUBSCRIPTION TERMS") CAREFULLY BEFORE SUBSCRIBING TO THE LAST.FM PRO SUBSCRIPTION SERVICE (THE “SUBSCRIPTION SERVICE” OR “LAST.FM PRO”).

These Subscription Terms are entered into between you and Last.fm Limited ("Last.fm", "we", "our" or "us") and, together with the Terms of Use that govern your use of the Last.fm Properties available at www.last.fm/pl/legal/terms (the “Terms of Use”), govern your use of Last.fm Pro. Last.fm Pro is a Service (as defined in the Terms of Use). The Subscription Terms and Terms of Use collectively are the “Last.fm Pro Terms”. These Subscription Terms incorporate Last.fm’s Privacy Policy, which can be found at www.last.fm/pl/legal/privacy.

Capitalised words used and not defined in these Subscription Terms have the meaning set forth in the Terms of Use. To the extent there is any conflict between these Subscription Terms and the Terms of Use, these Subscription Terms shall prevail with respect to Last.fm Pro.

THESE SUBSCRIPTION TERMS AND THE TERMS OF USE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE SUBSCRIPTION SERVICE.

By subscribing to Last.fm Pro, you agree to be bound by the Last.fm Pro Terms.

IF YOU DO NOT AGREE TO THE LAST.FM PRO TERMS (OR ANY UPDATES OR CHANGES TO THE LAST.FM PRO TERMS), DO NOT SUBSCRIBE TO LAST.FM PRO OR, IF YOU ARE ALREADY A LAST.FM PRO SUBSCRIBER, YOU MUST CANCEL YOUR SUBSCRIPTION AND DISCONTINUE YOUR USE OF LAST.FM PRO.

Contents

1. Changes to these Subscription Terms
2. Description
3. Using your subscription
4. Paying for and cancelling your subscription
5. Promotions and Last.fm Merchandise Discount Codes
6. Restrictions
7. Termination of your subscription
8. Indemnity
9. Limitation of liability
10. Transactions with Last.fm
11. General

1. Changes to these Subscription Terms

These Subscription Terms are effective as of the Effective Date above. We may change the Last.fm Pro Terms, including these Subscription Terms, in the future, so we encourage you to review the Last.fm Pro Terms periodically. We will post the updated Subscription Terms on this page (www.last.fm/pl/legal/subscription). The effective date of any changes to the Subscription Terms will be listed above. Your continued use of Last.fm Pro constitutes your acceptance of the updated Subscription Terms. If you do not agree to the Last.fm Pro Terms (or any updates or changes to the Last.fm Pro Terms) then you must not subscribe to Last.fm Pro or, if you are already a Last.fm Pro subscriber, you must cancel your subscription and discontinue your use of Last.fm Pro.

2. Description

Subscribing to Last.fm Pro provides you with access to Last.fm’s premium services (as may be changed or updated by Last.fm from time to time).

For further information about what is included in a Last.fm Pro subscription and the applicable subscription fees, click here. While Last.fm will make reasonable commercial efforts to make Last.fm Pro available to subscribers, sometimes there may be interruptions or downtime as a result of maintenance or technical difficulties or due to external factors. While Last.fm endeavours to keep these issues to a minimum, Last.fm makes no representations or warranties about the quality, availability or limitations of the Subscription Service.

3. Using your subscription

Your subscription to and use of Last.fm Pro is subject to the Last.fm Pro Terms. You may only use Last.fm Pro for your personal, non-commercial use and enjoyment and you may not share your Last.fm Pro subscription with any other individuals.

Last.fm reserves the right to make changes to the Subscription Service at any time, including but not limited to its features, functionality, plans, promotions and pricing with respect to some or all of the Last.fm Pro users at any time. If Last.fm changes or discontinues any part of the Subscription Service (as Last.fm may do, in its sole discretion), you may no longer be able to use the Subscription Services in the same way as you had previously.

By using the Subscription Services, you warrant and represent to Last.fm that:

1. You are legally capable of entering into binding contracts;
2. You will comply at all times with the Last.fm Pro Terms; and
3. You are either: (i) at least 18 years old; or (ii) between the ages of 13 and 18 years old and using the Subscription Services with your parent or guardian's knowledge and permission.

4. Paying for and cancelling your subscription

The applicable fees for all Last.fm Pro subscriptions except for fixed duration subscriptions can be found here. By subscribing to the Subscription Services and registering your payment details, you authorise Last.fm (and any payment service providers or partners acting on Last.fm’s behalf) to charge the fixed upfront payment for a fixed duration or a recurring subscription fee (depending on your jurisdiction and/or your selection) to your credit or debit card or bank account (each, a “Payment Method”). Payment for the Last.fm Pro subscription is in advance, billed on a one-time (for fixed duration subscriptions), monthly or yearly cycle (depending on your jurisdiction and/or the option selected by you) starting on the day you subscribe to the Subscription Services. Last.fm (and any payment service providers or partners acting on Last.fm’s behalf) may use your billing information and other technologies and methods to determine your location for the purposes of billing, payments and account management. Unless otherwise stated, prices include VAT. The amount charged to your Payment Method may vary from billing period to billing period due to changes in your subscription plan or applicable taxes or transaction fees.

Last.fm reserves the right to change the subscription fee for Last.fm Pro at any time following notice to you (either through publication on www.last.fm/pro and/or by sending an email to the address you have registered for your account). If you do not wish to accept a change to the subscription fee, you may cancel your subscription as described below. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify Last.fm within sixty (60) days after they first appear on an account statement.

Unless your subscription is for a fixed duration, your subscription to Last.fm Pro automatically renews until cancelled. When you subscribe to Last.fm Pro and provide a Payment Method, you authorize us to charge your Payment Method the applicable subscription fee, along with any other taxes or transaction fees which may apply to your use of Last.fm Pro. Your Payment Method will automatically be charged at the start of your subscription (or following any applicable Promotional Period as described below) and (except for fixed duration subscriptions) on an on-going basis the day immediately following the end of the prior subscription billing period unless: (i) you cancel your subscription at least 24 hours before the end of such prior subscription period through your account settings at www.last.fm/settings/subscription, or (ii) Last.fm Pro is suspended or terminated. The monthly subscription billing period is thirty-one (31) days from the date your Payment Method is charged, and the annual subscription billing period is one year from the date your Payment Method is charged.

Except as described in the last paragraph of this Section 4, ALL FEES ARE NON-REFUNDABLE. As described further herein, even if you cancel your subscription to Last.fm Pro before the end of your active subscription period, as applicable, you will not receive a refund for any portion of the fees for the remainder of that subscription period. In rare circumstances, we may provide a credit, refund, discount or other consideration to some or all Last,fm Pro subscribers (“Credits”). The amount and form of any such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.

If you cancel your subscription to Last.fm Pro, the cancellation will go into effect at the end of your current subscription period. You will have continued access to Last.fm Pro for the remainder of your paid subscription period, but YOU WILL NOT RECEIVE A REFUND OF ANY FEES PAID. You must cancel your subscription before it renews to avoid paying the subscription fees for the next subscription period.

Last.fm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Subscription Services (or any part thereof) with or without notice. If Last.fm cancels the Subscription Services due to no fault of yours and the Subscription Services do not resume, Last.fm will provide a Credit in the form of a pro rata refund of any pre-paid subscription fees for any period of time remaining in your current subscription period after the cancellation.

5. Vouchers and Last.fm Merchandise Discount Codes

From time to time, Last.fm and its partners may (but are not obligated to) provide promotional offers for access through a promotional code to Last.fm Pro without charge or at a reduced cost for a limited period of time (“Promotional Periods”). Once a promotional code is redeemed as described in the specifics of the promotion, the resulting subscription cannot be stopped or paused. No credit or refund is available in exchange for a promotional code, and promotional codes cannot be redeemed for cash. Each promotional code is personal to the user and not transferable or assignable, and can only be used once. Promotional codes may not be combined with other offers, subject to certain restrictions as determined by Last.fm in its sole discretion. No more than 2 promotional codes may be redeemed by any single user in any 12-month period. Promotional codes may be valid for a limited time only, and Promotional Periods may not be available at all times (see the promotion specifics for more information). Last.fm shall not take responsibility for any lost, stolen, destroyed, counterfeited, duplicated, tampered with or otherwise misappropriated or fraudulently used (whether actual or suspected) promotional codes. If you received a promotional code through an offer by a third party, additional conditions may apply.

If Last.fm provides you with a promotional offer, you must provide valid Payment Method information to us in order to use Last.fm Pro during the Promotional Period. We will not charge you in connection with the Promotional Period. We may place a temporary charge in a nominal amount on your Payment Method to ensure the validity of the Payment Method, but the temporary charge will be removed promptly. If you do not cancel your Last.fm Pro subscription by the last day of your Promotional Period, you authorize us to begin your paying subscription and automatically charge your Payment Method for your first paying fixed-duration, monthly or annual subscription period, as applicable, at the end of your Promotional Period. IF YOUR PROMOTIONAL PERIOD IS 7 DAYS OR LESS, WE WILL NOTIFY YOU OF THE DATE THE PROMOTIONAL PERIOD ENDS IN THE ACKNOWLEDGMENT EMAIL NOTICE YOU RECEIVE AFTER SIGN UP. FOR PROMOTIONAL PERIODS GREATER THAN 7 DAYS, WE WILL NOTIFY YOU OF THE DATE THE PROMOTIONAL PERIOD ENDS IN BOTH THE ACKNOWLEDGMENT EMAIL NOTICE YOU RECEIVE AFTER SIGN UP AND AT LEAST 7 DAYS IN ADVANCE OF THE DATE THE PROMOTIONAL PERIOD ENDS. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL BEFORE THE PROMOTIONAL PERIOD ENDS. You may only have one Promotional Period per promotional code before you must begin paying for Last.fm Pro. If you exceed this limit, we may charge your Payment Method for any Promotional Period after the first, or suspend your use of Last.fm Pro, at our sole discretion.

We reserve the right, in our absolute discretion, to determine your eligibility for any promotional offers. The specific terms of the applicable promotional offer will be stated in the marketing material describing the particular promotional offer.

From time to time, Last.fm may (but is not obligated to) issue discount codes that can be used at the Last.fm Merchandise Store as part of the Subscription Services. No credit or refund is available in exchange for such discount codes, and discount codes cannot be redeemed for cash. Each discount code is personal to the user and not transferable or assignable, and can only be used once. Discount codes may not be combined with other offers, subject to certain restrictions as determined by Last.fm in its sole discretion. Discount codes may be valid for a limited time only (if indicated in the discount code specifics). Last.fm shall not be responsible for any lost, stolen, destroyed, counterfeited, duplicated, tampered with or otherwise misappropriated or fraudulently used (whether actual or suspected) discount codes. Any misuse of a discount code constitutes a breach of these Subscription Terms for the purpose of Section 7 below. The Last.fm Merchandise Terms of Service and more information about discount codes can be found at the Last.fm Merchandise Store.

6. Restrictions

Last.fm Pro subscriptions are available for individuals of 13 years or older. If you are 13 or older but under the age of 18, you should review the Last.fm Pro Terms with your parent or guardian. Any parent or guardian subscribing on behalf of their child or allowing their child to use the Subscription Services will be liable for the cost of the subscription and any other liability that may arise as a result of such use.

You are responsible for keeping your user ID and password confidential, and Last.fm shall not be liable for any loss or damage arising from your failure to keep your user ID and password confidential.

7. Termination of your subscription

Last.fm may terminate or suspend your Last.fm Pro subscription in its discretion at any time in accordance with the Terms of Use or if:

1. Your Payment Method or details are invalid or rejected by our payment service provider or partner for any reason;
2. You charge back to your credit or debit card the Last.fm Pro subscription fees due; or
3. You breach, or Last.fm suspects you have breached, the Last.fm Pro Terms.

If your subscription is terminated for any of the 3 reasons set out above, you will not be entitled to a refund.

8. Indemnity

In addition and without limitation to your obligations under Section 15 of the Terms of Use, You agree to indemnify, hold harmless, and keep Last.fm, its parents, subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, arising out of or in connection with your violation of these Subscription Terms. You will cooperate as fully and reasonably as required by Last.fm in the defence of any claim. Notwithstanding the foregoing, Last.fm retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Last.fm herein under the terms and provisions of this Section 8 and in no event shall you settle any such claim without Last.fm's prior written approval.

9. Limitation of liability

THE PROVISIONS OF SECTIONS 13 AND 14 OF THE TERMS OF USE SHALL APPLY TO YOUR LAST.FM PRO SUBSCRIPTION.

IN ANY EVENT, LAST.FM SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS AVAILABLE AT LAW OR IN EQUITY AND IN NO EVENT SHALL DAMAGES OR LIABILITY INCURRED BY LAST.FM EXCEED THE TOTAL PRICE OF THE SUBSCRIPTION FEES PAID BY YOU FOR THE APPLICABLE SUBSCRIPTION.

10. Transactions with Last.fm

When you sign-up for a subscription to Last.fm Pro, it constitutes a contractual offer that is subject to acceptance by Last.fm. If Last.fm accepts such offer, it will confirm such acceptance by registering you as a subscriber to the Subscription Services.

11. General

These Subscription Terms and the interpretation of these Subscription Terms shall be governed by and construed in accordance with the laws of England.