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Güncellendi: Pazartesi 23 Haziran 2014

IMPORTANT

PLEASE READ THESE SUBSCRIPTION TERMS ("Subscription Terms") CAREFULLY BEFORE BUYING YOUR SUBSCRIPTION TO LAST.FM.

These Subscription Terms are entered into between you and Last.fm Limited ("Last.fm" or "we" "our" or "us") and are in addition to and incorporate the Terms of Use that govern your use of the Last.fm Properties at www.last.fm/tr/legal/terms. These Subscription Terms also incorporate Last.fm’s Privacy Policy, which can be found at www.last.fm/tr/legal/privacy.

All capitalised and defined words in these Subscription Terms have the same meaning as defined in the Terms of Use. If there is any conflict between these Subscription Terms and the Terms of Use, these Subscription Terms shall prevail.

THESE SUBSCRIPTION TERMS AND THE TERMS OF USE GOVERN YOUR PURCHASE AND USE OF YOUR SUBSCRIPTION TO LAST.FM.

By purchasing a subscription to Last.fm and receiving Services offered on the Website, you agree to be bound by these Subscription Terms.

IF YOU DO NOT AGREE TO BE BOUND BY THESE SUBSCRIPTION TERMS, DO NOT PURCHASE A SUBSCRIPTION TO LAST.FM.

Contents

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

1. Changes to these Subscription Terms

We reserve the right to add, delete, change or modify parts of these Subscription Terms upon written notice to you. If we do this, we will notify you and also post the changes to the Subscription Terms on this page and will indicate the effective date of Subscription Terms at the top of the page. It is important for you to refer to these Subscription Terms from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Subscription Terms. Your continued use of the Services constitutes your acceptance of the new Subscription Terms. If you do not agree to the change, you have the option to terminate your subscription. Your continued use of your subscription after any change constitutes your acceptance of the new Subscription Terms.

2. Description

Buying a subscription to the Last.fm Services provides you with access to Last.fm’s premium services (as amended from time to time).

For further information about what is included in a subscription, click here. While Last.fm will make reasonable commercial efforts to make the Services available, sometimes there may be interruptions or downtime as a result of maintenance or technical difficulties.

3. Using your subscription

Your subscription and use of the Services is subject to the Terms of Use and is provided for your personal, non-commercial use and enjoyment. You are prohibited from copying, ripping, re-transmitting or otherwise exploiting music, videos and other content in any way not expressly permitted by Last.fm or its licensors. Any unauthorised use of content available via your subscription will constitute a breach of these Subscription Terms and may constitute copyright infringement.

If Last.fm or any of its licensors changes or discontinues any part of the Services (as Last.fm may do, in its sole discretion), you may no longer be able to use the Services in the same way as you had previously.

By using the 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 these Subscription Terms;
  3. You are either: (i) at least 18 years old; or (ii) between the ages of 13 and 18 years old and using the Services with your parent or guardian's knowledge and permission.

4. Paying for and cancelling your subscription

The cost of the subscription shall be $3, £3 or €3 (depending on your selection) for each recurring 1 month access period. By subscribing to the Services and registering your payment details, you authorise Last.fm (or PayPal or other payment service provider, acting on Last.fm’s behalf) to charge the fixed upfront payment for a fixed duration or the monthly recurring subscription fee (depending on your selection) to your credit or debit card or bank account. Payment for the subscription Services is in advance, billed on a monthly cycle starting on the day you subscribe to the Services.

Unless otherwise stated, prices include VAT. Prices are liable to change at any time at Last.fm’s discretion, provided that Last.fm will inform you of any price change and afford you the opportunity to cancel your subscription.

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. Where Last.fm cancels the subscription Services due to no fault of yours and the Services do not resume, Last.fm will provide a refund of any subscription fees which relate to any period of time after the cancellation.

Due to the immediate and intangible nature of the subscription Services, once you have paid for: (i) a fixed upfront payment for a fixed duration, you will be unable to cancel the subscription or receive a refund; (i) a recurring fee on a monthly basis, you will be unable to cancel that first 30 day subscription, but can cancel at any time thereafter upon 24 hours notice.

Your subscription will then expire on the date of expiry of your current subscription period. If you choose to cancel your subscription before the end of the period for which you paid a subscription fee, you will not receive a refund for the remaining period. So by way of example, if you subscribe to the Services on 1st January but decide on January 10th that you don’t want to continue, you can send us notice and your subscription will end on 31st January.

5. Vouchers and Last.fm Merchandise Discount Codes

From time to time, Last.fm and its partners may run limited free trial subscriptions consisting of a voucher with a code. Once the voucher code is redeemed, the subscription cannot be stopped or paused. No credit or refund is available in exchange for the voucher code. The voucher code is personal to the user and not transferable or assignable. No more than 4 voucher codes may be redeemed by any single user in any 12 month period. The voucher code may be valid for a limited time only (see the voucher 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) Voucher Codes.

From time to time, Last.fm may issue Discount Codes to use at the Last.fm Merchandise Store as part of the subscription Services. No credit or refund is available in exchange for the Discount Codes. The Discount Code is personal to the user and not transferable or assignable. The Discount code may be valid for a limited time only (if indicated). 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) Discount Codes. Any misuse of the Discount Codes may constitute 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

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 these Subscription Terms with your parent or guardian. Any parent or guardian subscribing on behalf of their child or allowing their child to use a subscription to the Services will be liable for the cost of the subscription and any other liability that may arise as a result of such use.

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 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 PayPal for any reason;
  2. You charge back to your credit or debit card the subscription fees due;
  3. You breach, or Last.fm suspects you have breached, these Subscription Terms, the Terms of Use or Last.fm’s Privacy Policy.

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

8. Limitation of liability

THE PROVISIONS OF SECTIONS 13 AND 14 OF THE TERMS OF USE SHALL APPLY TO YOUR SUBSCRIPTION, SAVE THAT WHERE LAST.FM IS AT FAULT AND MATERIALLY FAILS IN PROVIDING THE SERVICES IN RESPECT OF WHICH YOU PAID YOUR SUBSCRIPTION AND, AS A RESULT OF SUCH FAILURE, YOU SUFFER LOSSES THAT WERE FORESEEABLE AT THE TIME OF ENTERING INTO THESE SUBSCRIPTION TERMS, YOU MAY BE ENTITLED TO A REFUND OR PARTIAL REFUND OF THAT PART OF YOUR SUBSCRIPTION THAT WAS AFFECTED.

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.

9. Transactions with Last.fm

Any order you place for a subscription constitutes a contractual offer. All orders are subject to acceptance by Last.fm, which acceptance will be confirmed by Last.fm registering you as a subscriber to the Services.

10. General

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

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