These terms and conditions of use (Terms), together with our privacy statement (https://fixmusicapp.com/privacy), form a binding legal agreement between the FIX member (Member, you, your) and Fan Integrated Experiences Ltd. (FIX, we, us, our).
IMPORTANT INFORMATION
THIS IS AN IMPORTANT DOCUMENT THAT YOU MUST CONSIDER CAREFULLY WHEN CHOOSING WHETHER YOU USE THE SERVICES (DEFINED UNDER “OUR SERVICES” BELOW). PLEASE READ THESE TERMS BEFORE AGREEING TO THEM.
1. Our Services
1.1 We enable you to discover and attend music events and purchase tickets and music-related merchandise (Services) through our Website, fixmusicapp.com, and through our mobile device application (App). The Website, the App and the Services are our property.
1.2 Before you use the Services, you must read, agree to, and accept all of the provisions in these Terms. By using, accessing or downloading a Service, you agree to be bound by these Terms and our privacy statement (also available on the App and the Website at https://fixmusicapp.com/privacy, which govern all aspects of our provision of the Services.
1.3 We reserve the right to restrict the sale or use of our Services to any person, or in any jurisdiction or otherwise, in our absolute discretion, and you agree to release and indemnify us in the exercise of that discretion. We may also refuse to provide to you Services in the future.
1.4 The Services are only available to people of the age of majority (this varies by jurisdiction), and are not barred from using them under applicable law. If you are under the age of majority where you live, you may only use the Services if your parent or guardian agrees to these Terms on your behalf. The Services are not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual. They are available for non-commercial use only.
1.5 If any provision of these Terms is found to be void or unenforceable, then the remainder will continue to be in full force and effect, and the invalid provision will be enforced to the maximum extent permitted by law to give effect to the purpose of these Terms.
2. How the Services work
2.1 FIX unifies multiple service sites to allow Members to engage with music through a streamlined consumer-friendly approach. These may consist of streaming services, ticketing platforms, social media and various other services. The platform then rewards Members with points (Points) for their streaming, purchasing, engagement, and other activity (as defined by us in our sole discretion) within our platform. These Points may be redeemed for merchandise (Products) relating to the music industry, both online and in various locations and venues (Venues). You may also use our Services to make cash purchases, such as tickets to musical events (Events), through third-party providers (Partners) you can access through our App and Website.
2.2 If you would like to use our Services you will need to create an account (Account) through the App or the Website. The information you provide for your Account needs to be accurate and complete, and you agree to update it as required. For your protection, please do not share your Account password, and do notify us immediately of any unauthorized use of your Account. You are responsible for all activities relating to your Account, regardless of whether you know about them.
2.3 Any tickets or merchandise purchased for cash from our Partners are subject to that Partner’s terms and conditions, and payment (such as credit card) information rests with the applicable Partner or payment service (such as PayPal). We do not assume any liability for any purchases made through third-party links to our App or Website, or any disputes relating to those purchases. Responsibility for assuring you purchase the correct Event tickets, for example, rests with you.
2.4 We are a facilitator to enhance Members’ shopping and loyalty experience. We have no liability for any Products acquired, or any tickets for any Events purchased, through the App or Website. In particular, all Events are organized and operated by third parties, and we are not responsible for them. Event or Venue owners, organizers, operators may have additional terms and conditions governing your Event entrance or attendance. We are not an agent of any of these persons, and we make no representation or warranties of any kind with respect to their performance or non-performance in any way.
2.6 You may not transfer Points to any other person or Account. Points also may not be transferred by operation of law.
2.7 We do not offer refunds for purchases made with either cash or Points through the Services. However, you may contact us at support@fixmusicapp.com if you are unhappy with any Product purchased using Points.
3. Fees
3.1 We do not charge you a separate fee for our basic Services, or the Products or Event tickets you may acquire through them. Before you acquire any Products using Points, we will quote you the number of Points used, and this number will include taxes (including harmonized sales tax), and the cost of shipping and handling. Shortly after your Points transaction has been completed, we will provide to you an invoice that specifies the total amount of Points used, and your current balance.
3.2 It is your responsibility to determine if you are liable for any federal, provincial/state or local taxes as a result of earning or using Points.
4. Privacy
Protecting your privacy is important to us. Please review our privacy statement (https://fixmusicapp.com/privacy), to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. By using the Services, you consent to the terms and provisions of our privacy statement.
5. No Guarantee or warranty
5.1 Subject to applicable law, we are not obliged to notify you of any malfunction in our Services, App or Website, or if any App, Service or Website feature is later limited, restricted or ceases.
5.2 To the maximum extent permitted by applicable law, we provide the Services, App and Website “as is” and “as available” without any representations, conditions or warranties whatsoever. The entire risk associated with the use of the Services, App and Website resides with you. We expressly disclaim, to the fullest extent permitted by applicable law, all other representations or warranties, whether express, implied, or statutory including, without limitation, any warranties of title, non-infringement, non-interference and/or quiet enjoyment, system integration, merchantability, fitness for a particular purpose and accuracy.
5.3 Although we take reasonable steps to protect the integrity and reliability of our Services, App and Website, and without limiting the generality of this paragraph 5, we do not warrant and do not give you any guarantee or representation that:
(a) our Services, App or Website or any information or other material accessible through our Services, App or Website will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;
(b) there will be any operational stability, availability or continuation of our Services, App or Website;
(c) the App or Website will be compatible with your computer, mobile or other device and/or software;
(d) the transmission of information to and from the App or Website will be secure;
(e) the use of the App or Website will not cause any damage to your computer, mobile or other device, software or electronic files;
(f) your use of our Services, App or Website will not infringe the rights of any third party; or
(g) there will be any continuation of the agreement formed under these Terms.
5.4 We warn you that our Services, App or Website may be discontinued at our sole and absolute discretion and that our Services, App or Website may be inoperable at times due to, and we disclaim all warranties, express of implied, including but limited to:
(a) down time and scheduled maintenance;
(b) outages to any public Internet backbones, networks or servers;
(c) equipment failure including the failure of third-party systems such as international or local access systems; or
(d) a force majeure event.
5.5 Certain laws may not allow the exclusion of some conditions and warranties, in which case some of the exclusions in this paragraph 8 may not apply to you.
6. Limited Liability
6.1 Among other things, we are not liable to any extent for any loss you suffer as a result of the Services, App or Website being unavailable at any time, or for any force majeure event.
6.2 We, and our affiliates, officers, agents or employees, will not under any circumstances be liable to you or any other person or entity for any damages whatsoever arising from, connected with, or relating to, directly or indirectly, the Services, App or Website. Among other things, under no circumstances (including but not limited to any act or omission on our part) will we or our affiliates, officers, agents or employees be liable for any of the following types of loss or damage arising from or in relation to these Terms (whether in contract, torts (including negligence) or otherwise): (a) indirect, incidental, special and/or consequential damage, (b) loss of profits, goodwill, anticipated savings, reputation, business opportunity, or any business interruption, or (c) any other pecuniary loss or any incidental damages, punitive damages or exemplary damages whatsoever that result from your use of the Services, App or Website, or your inability to use or access the Services, App or Website. You expressly agree that the limitations, exclusion of liability and disclaimers set out in these Terms will survive, and continue to apply in the case of a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of this agreement.
6.3 When you use Points you release us and our affiliates, officers and employees from any liability for your use of Points and the Services. Subject to applicable law, we, to the fullest extent permitted by law, limit our aggregate liability to CAD 50 in relation to any claim or for any damages whatsoever.
6.4 To the extent permitted by applicable law, the limitations set out in this paragraph 6 apply regardless of whether the liability or damage is directly or indirectly related to a breach of these Terms or negligence or any other tort or for any other common law or statutory cause of action arising in relation to these Terms, the Services or the Website.
6.5 The stated liability limits are an essential basis of the bargain between you and us, and our agreement to allow you to use the Services, the App and the Website.
7. Indemnity
YOU WILL INDEMNIFY AND HOLD US AND OUR AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE SERVICES, APP OR WEBSITE OR CONTENT, OR (II) ANY VIOLATION BY YOU OF THESE TERMS.
8. Copyright and trademarks
8.1 The content of the App and Website is protected by copyright. You are entitled to copy information for your own non-commercial personal use but may not otherwise republish or reproduce any part without our prior written permission. Republishing and reproducing includes any uploading or downloading the information on the App or Website onto the Internet or any other local or international computer system, or otherwise providing access to the contents of the App or Website. An acknowledgement of the source must be included whenever our materials are copied or published.
8.2 We own or properly license all the trademarks, logos and service marks (together, trademarks) used on or in connection with the Services. The trademarks are protected by Canadian and foreign trademark laws. We post a legal notice and various credits on pages of the Services, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the trademarks.
8.3 In addition, aspects of the Services (such as means text, graphics, images, music, software, audio, video, works of authorship of any kind) are protected copyright and other intellectual property laws. Except for your informational, personal, non-commercial use, you may not modify, reproduce or distribute the design or layout of the Services, or individual sections of the design or layout of the Services without our written permission. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
8.4 Any infringement of our rights will result in appropriate legal action. We disclaim any and all liability that may result from any unauthorised reproduction or use of the information on the App or Website.
8.5 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and use the Services solely for your personal, non-commercial purposes.
9. Accessed or downloaded Apps
9.1 Subject to your compliance with these Terms, we also grant you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a single mobile device or computer that you own or control and to run that copy of the App solely for your own personal non-commercial purposes. You may not:
(a) make the functionality of the App available to multiple Members through any means, or distribute, transfer, sublicense, lease, lend or rent the App to any third party;
(b) copy, modify or create derivative works based on the App; or
(c) reverse engineer, decompile or disassemble the App.
9.2 With respect to any App accessed through or downloaded from the Google Play Store, you’ll use that App only: (i) on an authorized product that runs Android (the mobile operating system software developed by Google); and (ii) as permitted by the “Your Use of Google Play” set out in the Google Play Terms of Service.
9.3 With respect to any App accessed through or downloaded from the Apple App Store (App Store Sourced Application), you’ll use that App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set out in the Apple App Store Terms of Service. Without limiting the generality of this paragraph 9.3, you acknowledge and agree that:
10. Representations
10. You represent and warrant to us that:
(a) you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation anti-spam laws and any relevant data protection or privacy laws);
(b) you will not impersonate any person or entity or misrepresent their affiliation with a person or entity;
(c) you will not use the App, Website or Services in violation of these Terms;
(d) you will not copy any content unless expressly permitted to do so in these Terms;
(e) you will not interfere with or disrupt the App or Website, or servers or networks connected to the App or Website, or disobey any requirements, procedures, policies or regulations of networks connected to the App or Website, or probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
(k) you will not upload, post, email, transmit or otherwise make available any material that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,
(ii) you do not have a right to make available under any law or under a contractual relationship,
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights),
(iv) is or contains unsolicited or unauthorised advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
(v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Member or that compromises a Member’s privacy, or
(vi) contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way.
11. Third party sites
The Services, App and Website contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on them. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
12. Records
12.1 Our records of the number of Points earned, redeemed or deducted are deemed accurate. If you have a concern regarding your Account balance, please contact us and provide relevance evidence within 30 days of the applicable transaction date to report the discrepancy. If we do not hear from you within that time, that means that you are satisfied with the number of Points associated with your Account.
12.2 To the extent permitted by law, we accept no liability for any errors in your Account Points balance displayed on the Website, App on anywhere else. We reserve the right to deduct the number of Points awarded to you in error at any time without notice to you. We are not obligated to honour a request to redeem Points awarded in error.
13. Local laws
If a jurisdiction does not allow an exclusion or limitation of liability, but allows a limitation to a certain maximum extent, then our liability is limited to that extent.
14. Relationship
We are an independent contractor. The agreement formed under these Terms does not create a partnership, joint venture or similar relationship between us. Except as expressly provided in these Terms, neither of us has any right, power or authority to bind or create any obligation on behalf of the other.
15. Validity
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
16. No waiver
A failure by us to act with respect to a breach by you or any third party, or to otherwise enforce these Terms, does not waive our right to act with respect to subsequent or similar breaches or to subsequently enforce these Terms. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17. Assignment, Enurement
17.1 We have the right to assign these Terms or the Services in whole or in part to any person or business entity without your consent.
17.2 You may not assign your rights or obligations under these Terms without our prior written consent.
17.3 These Terms bind and enure to the benefit of the parties, their successors, heirs and executors, and their permitted assigns.
18. Entire agreement
These Terms and the privacy policy comprise the entire agreement between you and us in relation to your use of the Services, App and Website, and supercede all prior agreements between us. No data, information or advice obtained by you in oral or written form from us or through or from our App, Website or Services will create any warranty not expressly stated in these Terms.
19. Governing law and dispute resolution
19.1 For Members who are not individuals resident in the province of Quebec, the laws of Ontario and the laws of Canada applicable in Ontario govern these Terms and any agreement formed under these Terms, without reference to conflict of laws provisions.
19.2 For Members who are individuals resident in the province of Quebec, the laws of Quebec and the laws of Canada applicable in Quebec govern these Terms and any agreement formed under these Terms.
The following paragraph does not apply in the province of Quebec:
You agree that the only and exclusive forum and remedy for all disputes and claims that cannot be resolved informally and that relate to or arise out of the Services, Website or App will be final and binding arbitration, except to the extent that you have, or have threatened to, infringe on or violate any of our, our affiliates’, or any third party’s intellectual property rights, or any publicity or privacy rights. In that case, you acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by us, our affiliates, or applicable third parties.
20. Termination
20.1 We reserve the right, in our sole discretion to restrict, suspend or terminate your Account at any time and without notice to you, including if we believe that your use of the Service or Content is not consistent with these Terms. You may cancel your Account at any time by emailing us at support@fixmusicapp.com.
20.2 We may, in our sole and absolute discretion, change, suspend or terminate, temporarily or permanently, the Services, the App or the Website or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If the agreement formed under these Terms is terminated by us for any reason, that agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of our Services, App or Website and anything relating to or arising from that use. If you are dissatisfied with the Services, App or Website, then your sole and exclusive remedy is to discontinue using the Services, App and Website.
21. Changes
21.1 We reserve the right, in our sole and absolute discretion, to modify all or a portion of these Terms at any time without further notice and without incurring any liability or obligation. Among other things, we may, in our sole discretion:
(a) change the way in which you participate in or may access the Services, App or Website,
(b) change the way in which Points are earned or redeemed, including by raising, lowering, and adjusting Point reward configurations,
(c) change the eligibility conditions to use the Services, App or Website,
(d) cancel Points, and
(d) charge fees for the use of current or enhanced Services.
21.2 If we do this, we will post the changes to these Terms on the Website and the App and will indicate the date these Terms were last revised. Your continued access to and/or use of the Services, App or Website after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms as revised. Unless otherwise indicated, these changes will become effective immediately upon posting. It is your responsibility to regularly check the App or Website to determine if there have been any changes to these Terms and to review those changes.
22. Contact Us
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by email or by posting to the App or Website. For notices made by e-mail, the day following the sending of the email will be deemed the date on which that notice is transmitted.
22.1 Questions? If you have any questions or concerns regarding our Services, Website or these Terms and, please contact us at:
Fan Integrated Experiences Ltd.
112 Adelaide Street East
Toronto, Ontario Canada
© 2018 Fan Integrated Experiences Ltd. All rights reserved.
Last updated November 30, 2018.