Terms and conditions of use ("Terms")
Last updated: December 19, 2023
PLEASE CAREFULLY READ THE FOLLOWING IMPORTANT TERMS AND CONDITIONS ABOUT THE USE OF OUR WEBSITE/APP CAREFULLY.
Using our Website/App, you agree to its Terms and Conditions of use ("Terms & Conditions"). At our sole discretion, we reserve the right to change, modify, add or remove portions of these Terms & Conditions at any time. Therefore, you should check these Terms & Conditions regularly for changes. Whether or not you have reviewed them by using this Website/App after we post any changes to these Terms & Conditions, you agree to accept those changes. If you do not agree to these Terms & Conditions, you should not use our Website/App and, if applicable, you should arrange to cancel your user account(s) or subscription with us.
By registering an account with App or using our Services, you accept and agree to these Terms and Conditions. Therefore, it is crucial that you carefully read through these Terms. If you do not consent to these Terms, you should not register with App.
1. Scope of Terms & Conditions
Unless explicitly stated otherwise, The following Terms & Conditions apply to your use of all Developer's Technologies Websites/Apps which are owned or operated by FMPROJECT LIMITED ("Developer" or "we"). This scope includes our Affiliates (collectively, "we," "us," or "our"), including, without limitation, this Website/App "WhisperFM" and all Websites/Apps that we may own or operate currently or in the future (collectively, our "Websites/Apps"). For purposes of these Terms & Conditions, "Affiliates" is defined as any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with Developer and their respective subsidiaries and Affiliates.
2. Terms & Conditions - In General
Through the use of this Website/App, you agree to abide by and to be legally bound by the following terms and conditions in the same way as if you had signed this agreement. We reserve the right, if applicable, to terminate your password, user account, and/or access to this Website/App (or any part thereof).
If you fail to comply with these Terms & Conditions at any time, in our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website/App, including, but not limited to,
(i) restricting the time the Website/App is available;
(ii) restricting the amount of use permitted; and
(iii) restricting or terminating any user's right to use the Website/App.
You agree that any termination or cancellation of your access to, or use of, the Website/App may be affected without prior notice. Suppose you do not follow the provisions of these Terms & Conditions, except as we may otherwise provide from time to time. In that case, you agree that we may immediately delete or deactivate your user account and all related information and files in your user account and/or bar any further access to such information and/or files or our Website/App. Furthermore, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Websites/Apps.
We may occasionally add to these Terms & Conditions, including additional terms and conditions related to specific Content, events, or activities ("Additional Terms"). Such changes may be added to the Website/App to be studied in connection with specific Content, features, activities, or events and shall be labeled as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
3. Restrictions on Use of Materials
Unless stipulated, we provide you with a non-transferable, non-exclusive, limited right to access and display this Website/App and the material provided hereon for your personal, non-commercial use; you comply fully with the provisions of these Terms & Conditions.
You acknowledge that this Website/App contains information, software, photos, video, text, music, sounds, graphics, questions, messages, creative suggestions, feedback notes, drawings, articles, and other materials (collectively, "Content") that are protected by copyrights, patents, database rights, trade secrets, trademarks, and other proprietary rights. These rights are valid and protected in all forms, media, and technologies existing now or hereafter developed.
All Content is copyrighted under the applicable copyright laws, including European Union and Cypriot copyright laws (and, if applicable, similar laws in additional jurisdictions). We own a copyright in the coordination, selection arrangement, and enhancement of such Content.
All trademarks appearing on this Website/App are trademarks of their respective owners. Our commercial partners, advertisers, suppliers, sponsors, licensors, contractors, and other third parties may also have additional proprietary rights in the Content they make available on this Website/App.
You are prohibited from modifying, publishing, distributing, transmitting, performing, participating in the transfer or sale, creating derivative works of, or in any way exploit, any of the Content, in whole or in part.
You do not obtain any ownership interest in Content when such Content is downloaded to your computer; Modification of the Content or use Content for any other purpose, including using any Content in printed form or on any other Website/App or networked computer environment. The actions mentioned above are strictly forbidden unless you receive our prior written consent.
4. Becoming a User
Becoming a user on our Website/App is free. You do not need to sign up as a user to use this Website/App. However, failure to register may mean you are blocked from using certain products, resources, or features of our Website/App. You must follow the instructions to register successfully. You can find the list of instructions on our Website/App.
Should you choose to become a user on our Website/App, you agree to provide truthful and complete information about yourself ("User Data") and maintain, promptly update User Data and any other information you provide to us for accuracy maintenance.
You hereby agree not to transfer or assign or sublicense your user rights as a user of this Website/App. You additionally agree not to register for more than one account, create an account for another person or create a misleading or false identity to use on this Website/App. Finally, should your registration be revoked, you agree not to register or subscribe again with our Website/App using another username or through any other means.
Should we have reason to suspect this is the case, it is our sole discretion to decide that your account has been terminated previously. We reserve the right to cease any new accounts you have registered without any notice to you or exercise any other remedies available to us under these Terms & Conditions of Use or by law.
5. WhisperFM Premium
This section only applies when you purchase and/or subscribe to WhisperFM Premium or other paid products. By paying the subscription fee, you get access to WhisperFM Premium when your subscription is valid, subject to these Terms.
All subscriptions that give access to WhisperFM Premium are paid in advance.
You may terminate your subscription/membership at any time, in which case your subscription/membership will still be valid for the subscription time you have already paid for. If you made an in-app purchase via Apple's Store, Google Play Store, or any other such service provider, you could only cancel your subscription through the use of their services. You can find subscription fees in the mobile application. WhisperFM reserves the right to change the subscription terms and fees from time to time.
We will charge your subscription to your App Store or Google Play Store account. At the end of the term, unless auto-renewables subscriptions are disabled, your subscription will automatically renew in your App Store or Google Play Store account. You will be charged for the regular price of your subscription within 24 hours before the end of the current term. You can turn off automatic renewal in your App Store or Google Play Store account settings at any time, but you must do so at least 24 hours before the end of the current term. Refunds will not be provided for the unused portion of any term. Please note that deleting your WhisperFM account does not cancel any subscription you may have. All refund requests should be carried out directly with Apple or Google as they charged your account.
6. Privacy and Security
7. Standards and Conduct Guidelines
You acknowledge that the sole responsibility of the Content posted lies with the person who made such postings. This includes all Content posted, e-mailed, or otherwise transmitted to or on this Website/App, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"). In turn, this translates as you acknowledge being entirely responsible for all Postings that you transmit, post, or e-mail to the Website/App.
We do not guarantee the accuracy, quality, or integrity of such Postings as we do not control the postings e-mailed, transmitted, or posted to our Website/App. As such, you may be exposed to Postings that are offensive or objectionable.
However, we have adopted standards and conduct guidelines for our Website/App users (as described below). Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, transmitted or otherwise e-mailed to or through this Website/App.
You agree not to use this Website/App to:
- E-mail, post or upload or otherwise transmit any Postings or material that are unlawful, harmful, abusive, threatening, tortuous, defamatory, obscene, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Solicit or otherwise attempt to gain any information from a minor, Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, any user of this Website/App, a director, employee, officer, shareholder, representative or agent of Developer, or our Affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Developer, our Affiliates or any other person or entity;
- Manipulate identifiers to disguise the origin of any Postings or other materials transmitted to or through this Website/App such as forging headers;
- Upload, post, transmit, or otherwise e-mail any Postings or other materials that you do not own, or that you do not have a right to upload, post, e-mail, or otherwise transmit under any law or contractual or fiduciary relationships (such as proprietary and confidential information insider information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Post, upload, transmit, or otherwise e-mail any Postings or other materials that infringe upon any trademark, copyright, patent, trade secret, right of privacy or publicity, or other proprietary rights of any party;
- Upload, post, transmit, or otherwise e-mail any unsolicited or unauthorized promotional materials or advertisements, Not limited to but including "spam," "junk mail," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Upload, post, transmit, or otherwise e-mail any Postings or other materials that contain or any computer code including software viruses, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Act in a manner that negatively affects or otherwise lowers the quality of another user's experience of this Website/App;
- Disobey any requirements, procedures, policies, or regulations of networks connected to the Website/App; Interfere with or disrupt this Website/App or networks or servers connected to this Website/App;
- Violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law Intentionally or unintentionally;
- "Stalk" or otherwise harass another user or employee of this Website/App;
- Obtain, collect or post personal data or attempt to obtain, collect or post personal data about other users of the Website/App (including usernames or passwords) or any other third party; or
- Attempt to access or access another user's account without his or her consent.
The use of this Website/App is a privilege, not a right as such to use this Website/App depends on you adhering to the conduct guidelines and standards outlined above.
Should violations are brought to our attention, we reserve the right to revoke your privileges to use a portion of this Website/App or the entirety of the Website/App and/or take any other appropriate measures to enforce these standards and conduct guidelines. Furthermore, if you fail to follow our standards and conduct guidelines, or these Terms & Conditions of Use, we may terminate, at our sole discretion, your use of or participation in the Website/App.
If upon our request or on your own, you send, e-mail, post, or otherwise transmit to us or this Website/App any Content (collectively, the "Submissions"), you grant our successors and us and assigns a royalty-free, irrevocable, perpetual, non-exclusive right (including any moral rights or, depending on the laws of your jurisdiction, waive any moral rights) and license, including the right to sublicense, (as well as consent) to use, modify, reproduce adapt, publish, translate, create derivative works from, distribute, communicate to the public, display and perform any Submissions (in whole or in part and with or without the use of your name); worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or developed later, for the entire term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions; for any purpose, commercial, advertising or otherwise.
You also warrant that:
(i) you own or otherwise control all of the rights in or to your Submissions including, without limitation, all the rights necessary for you to provide, upload, post input, or submit the Submissions;
(ii) to the extent that you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above; and
(iii) that each person depicted in any images, photos, and/or videos contained in your Submission (if any) has consented to the use of such photos, images, and/or videos under the above license.
You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial, or otherwise, without the need to compensate the provider of the Submissions.
You also permit any User to access, display, view, store and reproduce any Submission that you have made available in a Website/App for personal use. Subject to the preceding, the owner of a Submission placed on this Website/App retains all and any rights that may exist in such Submission.
9. Children / Minors
This Website/App is not intended to be used by children/minors, and its Content is not directed at children/minors. This Website/App is intended for use by those who are (17) years or older only.
These Terms & Conditions are only applicable to this Website/App and not to the Websites/Apps of any other person or entity.
You acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse (and are not responsible or liable for) any advertisements, Content, products, or other materials on or available from such third-party Websites/Apps or resources; as we may provide, or third parties may provide, links to other external worldwide Websites/Apps or resources.
You also further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of or reliance on, any Content, advertisements, products or other resources available on any other Website/Apps (regardless of whether we directly or indirectly link to such Content, advertisements, products or other resources). Should you have any concerns, you can direct them to our Website's/App's administrator or webmaster.
11. Password and User Account Security
You are entirely responsible for the security and confidentiality of your password and account information if you are a user.
In the event of any known or unauthorized security breach regarding the use of your account, any known breach of another user's account, or the unauthorized disclosure of other user's passwords, you agree to notify us immediately. The responsibility for all and any activities which take place under your user account lies with you. Therefore, you agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
12. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, CONTENT, OFFERINGS, AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, OR ACCURACY.
, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE/APP OR ANY FUNCTION CONTAINED IN THIS WEBSITE/APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE/APP OR THE SERVERS THAT MAKE THIS WEBSITE/APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT, PRODUCT, OFFERING, OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE/APP IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS IN THIS WEBSITE/APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHERMORE, PLEASE NOTE THAT NO INFORMATION OR ADVICE OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE/APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM:
(A) THE USE OR THE INABILITY TO USE THE WEBSITE/APP;
(B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE/APP OR ANY WEBSITE/APP OR WEBSITES/APPS LINKED TO THE WEBSITE;
(C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE/APP;
(D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE/APP; OR
(F) ANY OTHER MATTER RELATING TO THE WEBSITE/APP.
SAVE IN RESPECT OF PERSONAL INJURY OR DEATH DUE TO THE NEGLIGENCE OF DEVELOPER
, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE/APP.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE/APP OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE/APP.
THESE EXCLUSIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless, and, at our option, defend Developer
and our Affiliates, and our and their officers, directors, employees, stockholders, agents, and representatives from any third party claims, damages, liability, and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of this Website/App or our offerings or products, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other rights of any person or entity.
15. Governing Law and Choice of Forum
Residents of the European Union, European Economic Area, Switzerland ("EU/EEA/CH").
Suppose you reside in an EU/EEA/CH ("Member") country. In that case, these Terms & Conditions shall be governed and construed under the laws of the Republic of Cyprus unless otherwise provided by other international agreements and/or regulations. You agree that any action at law or in equity arising out of or relating to your use of this Website/App or these Terms & Conditions shall be filed in the competent court of the Republic of Cyprus and you hereby consent and submit to the jurisdiction of such court to litigate any such action.
Residents outside the European Union, European Economic Area, Switzerland ("Third Country").
If you reside in a Third Country, these Terms & Conditions shall be governed and construed under the laws of the Republic of Cyprus, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website/App or these Terms & Conditions shall be filed in courts of the Republic of Cyprus, and you hereby consent and submit the personal jurisdiction of such courts to litigate any such action.
16. Miscellaneous Terms
In any legal action against us that stems from the use of this Website/App, the successful party will be entitled to recover complete legal expenses connected with the action, including but not limited to its costs, both taxable and non-taxable and reasonable attorney's fees.
Suppose any provision of these terms shall be void, unlawful, or unenforceable for any reason. In that case, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Should a subscriber to one of our online subscription offerings or products find themselves in any conflict between these Terms & Conditions and the Subscription Agreement, the Subscription Agreement will override the Terms & Conditions.
These Terms & Conditions may be modified. Accordingly, each time you access this Website/App, you will be deemed to have accepted any such changes through our posting of changes to these Terms & Conditions on this Website/App or by written agreement of both parties.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns, and licensees.
The failure of either party to insist upon or enforce the strict performance of the other party concerning any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Unless expressly provided for in these Terms & Conditions, no third party shall have any right hereunder.
The Developer operates this Website/App, and if you have any questions or concerns, you may contact us by e-mail at email@example.com or by post at the address above.