TERMS OF USE

The present deed is an agreement between the 'USER' user of services provided by FM Player Pro as mentioned in the policy page and 'FM Player Pro'. This deed will be known as 'Agreement' hereinafter.

 

Using FM Player Pro services and by submitting the information on the information page of FM Player Pro as also stated in the policy, the user hereby acknowledges that they have read, understood and agrees to be bound by this Agreement. This Agreement is a legal agreement between the user and FM Player Pro and all the terms stated hereunder apply to the user, whether the user is a registered user, a visitor visiting the site of FM Player Pro. If the user does not agree with this Agreement, the user is advised not to accept this agreement and not to use FM Player Pro (in short FMP) Service in any manner.

FMP: means the company FM Player Pro

 

Service: As mentioned in clause 1

 

Content: Any comment, image, GIF, emoji either manually or electronically etc. uploaded by the user on the application of FMP.

Objectionable Content: means the content, which is vulgar, obscene, filthy, derogatory, defamatory, pornographic, abusive or punishable by any law, any abusive language, video, hate speech, racism, coloring remarks, anti-national, anti-religion, sign, expression, still photo. In case any abusive content as defined here is being displayed/streamed or made audible or uploaded, the same will also be considered as abusive content. It also includes the content arranged, managed or manipulated, forged, fabricated, hacked by the user or by any other person/third party, legal entity by any means or through any device, system, technology or from any place.

FMP has provided the policy for the user of its application at the website link https://fmplaypro.com/privacy. Please read it carefully before using the FMP services. With the use of FMP services, the user agrees to the terms and conditions of said Policy and affirm that they have understood the same and accepted the same as correct.

 

All the services hereinafter provided are without any type of consideration except the paid features desired by the user. If at any time, the FMP thinks about charging any existing service or newly launched service, it will not be charged without the consent of the user. In such a situation, every user will have the right to choose any services either premium or free before availing the same.

 

The services being provided to the user are: 

  1. FMP provides a platform to its users, through which a user can easily access any Broadcaster of the world, which is in the list of FMP. However, Broadcaster can stop its working at any time and the user will have no right to challenge it in any manner.

  2. The FMP may provide its users, other knowledge through any process such as advertisements, banners, stickers etc. about more services to increase the area of knowledge of the user.

  3. The FMP also provides the user to choose Broadcaster, favorites, they have listened to or in which they have expressed an interest.

  4. The FMP also provides users the service to choose to connect social media accounts with their account profile.

  5. The FMP or its advertising partners use user's usage habits to improve its service and personalized experience.

  6. FMP provides users an option to comment on the radio channels. Said comment may be in text, image GIF, emoji etc.

  7. FMP has launched its premium ad-free service, which also includes an additional feature as a Car Mode feature.

While commenting on radio channels, users are restricted from making objectionable comment/s. The objectionable comment shall be deleted immediately after coming to the knowledge of FMP. Users may be blocked or suspended from using the FMP services on uploading objectionable comments. Users shall have no objection to blocking/suspending their account due to upload of objectionable content.

 

On demand, FMP will provide the information of the user, who uploads the objectionable content over the application of FMP to any public authority of the United States of America or of the country suffered due to said objectionable content.

 

FMP shall not be responsible in any manner for said objectionable content. However, FMP may claim damages from the user, who dilutes the image/reputation of FMP and causes harassment or loss of valuable time of FMP due to uploading of objectionable content.

    Since this agreement is written in simple English language, so, the FMP has no liability to translate into the any particular/specific language of user and while accepting the terms of this agreement, it will be believed that the user has accepted the terms of this agreement after going through it in their own language/vernacular.

    FMP at its sole discretion may change the terms of this agreement at any time and after making changes in any clause of the agreement or the entire agreement, the changed clause/s will be posted on the site and application. The use of FMP services will be deemed to be acceptance of said terms by the user without any objection. No separate consent is required for that purpose. The user will not raise any dispute regarding the change of any term of this agreement, however, the user can request the FMP to re-consider the view of change of any term or can stop using the services of FMP. The FMP encourages its users to check the policies of FMP on the Applications or Site regularly and frequently.

    By using the services of FMP, the user has granted permission to the FMP to communicate the user via email, contact number, contact sources or app push notification, other communication network whose information has been provided/shared by user or any other process as per the convenience of FMP about the use of FMP services.

    FMP has been authorized by the user to answer to their any query/question, Any update about the service, Any promotional information about the FMP services etc., Information regarding promotion of features, app, account, or transactions or Third Party information on FMP through any communication mode as mentioned in clause 3.

The services of FMP are free to the users except the premium services desired by the user. A user cannot claim any benefit, if it occurs to the FMP from the use of FMP services either free or premium by the user.

 

While purchasing a premium service, the FMP does not ask the user to share/give any type of account details.

 

Users may purchase the premium service through App or other other channels of FMP. While purchasing the premium services through iOS or Android Apps, the payments will only be processed by Apple or Google, as applicable. FMP accepts various forms of payment, as specified during sign-up. Tax/es,if any, will be levied on the premium services from the user. The premium will be charged in the currency of the country of the user OR as convenient to Apple or Google.

 

From time to time, FMP in its sole discretion may offer trials of Subscriptions for a specified period free-of-charge or at a reduced rate (“Trial”). The length of any Trial may vary. Trials may be offered for new and certain former Subscribers only. FMP may also withdraw or modify any Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

The first day following the end of Trial or, if the user is not eligible for a Trial, then the day of purchase of premium service by the user shall be the first day of billing cycle (“Billing Date”). Applicable premium will be charged automatically on the first day following the end of the Trial period, on a recurring monthly or annual basis, unless the user cancels the applicable subscription before the end of the Trial.

 

FMP may re-launch the premium service/s for the cost more than being paid earlier, but the existing users having premium services will not be charged more than they are paying.

 

Subscription will be renewed automatically on completion of earlier billing cycles. No subscription is allowed to cancel or refund, once paid. However, the premium services may be canceled any time in the month and the same will be effective only from the first day of the next billing cycle.

 

On failure to pay the renewal subscription fee, premium services will be deactivated with immediate effect.

User understands and agrees that this Agreement is entered into without any consideration. Whenever, the FMP decides to charge from its users anything for all or any services being provided by it, the same will be informed by the FMP to the users on its site and application with 15 days prior notice.

FMP may change, add or remove features and functionality of its services without notice of the user. FMP reserves the right to discontinue some or all of the features either temporarily or permanently. The user is hereby agreed that that FMP shall not be liable to the user or to third party for any change, discontinuance of its services either temporarily or permanently. In case of non-satisfaction of the user, they may at their sole discretion to discontinue or terminate the use of the FMP service as described herein.

    To use the FMP services, the user is strictly bound to provide the information as required by the FMP and it is made clear upon the user that every information provided by them will be deemed as correct information. The user is responsible for providing false information to the FMP and FMP then can take any action against such user. In case of false or incomplete information provided by the user, the FMP apart from taking action can also block the services of said user and the user will be responsible for the losses and expenses, if occurred to the FMP due to providing false information to it.

    The user is responsible for maintaining the confidentiality of their name, password and other information and for all activities that occur under their username or account, In case of false information, the user agrees to be notified immediately on account of illegal and unauthorized access to the use of FMP services and for false information.

    The user cannot delete the information provided by them to the FMP while agreeing the terms of this agreement nor will they ask the FMP to do so, however, the FMP at its sole discretion can delete the same at any time without the consent or knowledge of the user.

    Without providing the sought information and without giving free and voluntary consent over the terms of this agreement and privacy policy, the user cannot avail FMP services.

The user agrees that the FMP may communicate with them electronically regarding security, privacy, and administrative issues in respect of use of FMP. If FMP ever finds any breach on the part of the user, the FMP reserves its right to notify the user electronically by posting a notice on the Site and/or Applications and sending an email notice to the user on the email address provided by the user.

 

FMP takes certain precautions to protect their users' information. While submitting information by the user, the same is protected both online and off-line. However, there is unfortunately no way yet for the industry to guarantee that such information is entirely secure. Users are responsible for securing the confidentiality of their password and account, and are fully responsible for all activities that occur under their password or account. It is strongly recommended that users take extra precautions when receiving files from unfamiliar third parties (i.e., via email), as they may be harmful.

The FMP has also provided a service to the user to add another Broadcaster on the list of FMP, which is not in its list. But, after adding Broadcaster subject to its approval by FMP and no objection from Broadcaster, the user cannot claim any benefit from FMP on the pretext that it was their act to give FMP a new Broadcaster. Further, FMP does not give license to its users to add or to make an attempt to add anything false, abusive etc, which is illegal or not transpired as per the provisions of law of the state as defined in the policy on the application, website or software of FMP. Adding any abusive, false, unauthorized etc. electronic material in the application, software will amount to alteration of Electronic Record and in that eventuality, FMP has the right to prosecute/sue the user. Opportunity of being heard may be provided to the user before prosecuting/suing them at the sole discretion of FMP.

The user has agreed that they will comply with all the codes of conduct, policies or other notices provided by FMP. The user also agreed that they will comply with all the laws, rules and regulations in connection with use of FMP services and will not ever violate such laws, rules or regulations.


Users are agreed that FMP will not be responsible or liable for any injury, loss or damage incurred due to use of FMP services by the use or access to any third party content on or through the FMP services.


User is hereby agreed that the Broadcasting material is protected by the copyright law of its State along with other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly. The user will use the services provided by FMP only for their personal use.


FMP does not control the decision of a Broadcaster to institute such copyright protection mechanisms/actions.


FMP has given the spaces/access to the advertisement agency on its apps, applications, software etc. and at all the platforms, from where the user can listen to the radio channels or which can be seen on the apps etc. while installation of the same or playing the radio channels. At such spaces, said advertisement agency may directly post or it can further authorize someone to post any advertisement as it deems fit good for it. Said agency has assured FMP that it will work as per the law of state. Posting, deleting, hiding the advertisements or promotions of any product or company on the applications, websites and its allied tools or services are not in the control of FMP. Neither FMP will be held responsible for the posting of any advertisement on its apps etc. nor it can be held liable towards the user for posting the same nor will the user take any action or step before any public, private, judicial, Govt. or Semi-Govt. or NGO regarding the posting of any advertisement as stated here.

Downloading of software of FMP is subject to the acceptance of terms and conditions of FMP policies and this agreement. But, merely downloading of software is not licensed by FMP to its users that said software/application will work as per the mental satisfaction of the user. FMP will not be at fault due to non-downloading of the software and FMP will not be responsible for networking errors.


The user will not make any effort to alter the software or application or any other process of FMP in any manner nor will they try to injure FMP or its software etc. by virus or by any other manner, with which the software etc of FMP may suffer problem or error of any type.


The user will never claim any royalty or benefit of any type from FMP due to use of FMP services or increase of its users or the income, if any earned by FMP from its service in any manner.

The information provided by the user and operation of FMP may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to FMP's vendors and hosting partners (if any) to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the FMP Service. So, the user agrees to be solely responsible for adequate security, protection and backup of their content/information. FMP will have no liability for any unauthorized access or use of any of the content of the user, or any corruption, deletion, destruction or loss of any content of the user. FMP shall have no obligation to keep the contents/information of the user confidential and the user hereby authorizes FMP to make every part of their content public at any time subject to the FMP Privacy Policy.


The parties to this agreement may terminate this agreement at any time. Said Termination does not include the violation of terms by the user, but only means the un-installation of the application of software of FMP by quitting the services of FMP.


The right to avail the services of FMP is non-transferrable. The user shall not or shall not allow another person through their mobile to copy, modify, translate, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software of FMP. Transferring the services of FMP by any user in any manner shall be deemed to be an offense. FMP retains all right, title, and ownership of the Software, FMP services, copyrights and trademarks. Any use of the FMP services other than as specifically authorized herein is strictly prohibited. Any right not expressly granted herein is reserved by FMP.

FMP does not provide any warranty or guarantee on its any service or on all the services like uninterrupted, timely, secure, virus-free or error-free; nor does FMP make any warranty as to the accuracy or reliability of any information obtained through it.

FMP will not be the party nor can it be made/implead party to any dispute or any relations whatsoever between users of the FMP services against each other or between the user/s of FMP services and users of any other company or service provider of same or similar software application.


The user and FMP have agreed that in case of any dispute, they or each of its subsidiaries, affiliates, predecessors in interest, successors etc. will only prefer the way of arbitration to resolve the dispute by referring the dispute to the sole arbitrator appointed by FMP in view of the provisions of American law.


The fee for arbitration will be paid by the party that raises disputes and it will be decided at the time of appointment, which will be fair in all manners and the arbitration will be final.

I have gone through this Agreement of TERMS OF USE, FMP's Privacy Policy (https://fmplaypro.com/privacy) and other contents on its website (https://fmplaypro.com). So, after going through all, I accept the terms and conditions stated above.