It is your responsibility to read these Terms and Condition before using the Last.fm website ("Website"). By using the Website you signify your consent and agreement to these Terms and Conditions.
Please check these Terms and Conditions periodically for any changes. The continued use of the Website following the posting of changes to these Terms and Conditions will mean that you accept such changes.
The Website is owned by Last.fm Limited ("Last.fm").The content and service provided on the Website including graphics, code, text products, software, audio, music and design is owned or licensed by Last.fm. Certain third party copyright materials and works are included on the Website including those works or materials belonging to licensors of Last.fm You agree that the tracks, musical works, compositions and other materials ("Last.fm Materials") are protected by international intellectual property law.
You are granted a limited, personal, non-exclusive, revocable, licence to use the Website and to receive, by stream, tracks made available through the Website ("Last.fm Service"). You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Last.fm Materials, except as provided under these Terms and Conditions, and you agree to take all reasonable steps to prevent the unauthorised use of the Last.fm Materials.
No material from the Website may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of Last.fm or in the case of material licensed to Last.fm the owner of such materials. You agree not to delete, change or modify in any way the copyright notices or trade marks contained on the Website.
For the avoidance of doubt you will not obtain any ownership interest in the Last.fm Materials, the Last.fm Service or any other materials contained on the Website, whether through these Terms and Conditions or otherwise. You agree that your use of the Last.fm service is for your own personal use and must not be used for any commercial purpose.
You agree not to place any libellous, defamatory, illegal or offensive material on the Website.
Last.fm uses reasonable endeavours to monitor the Website but cannot be held responsible for the accuracy or reliability of any statement, opinion, or advice made on the Website or for any libellous, defamatory, illegal or offensive conduct by any customer. You agree to notify Last.fm of any such conduct which comes to your notice. You agree that Last.fm including any appointed personnel may at any time without notice:
You agree to indemnify, defend and hold harmless Last.fm (including its successors, subsidiaries, agents, affiliates, partners and licensors) against all claims, damages, costs or other expenses which arise directly or indirectly out of or from your unauthorised use of the Website, the Last.fm Materials, the Last.fm Service and any other materials contained on the Website.
Your right to use the Website will be suspended or terminated immediately without notice by Last.fm if in its sole discretion you fail to comply with any term or provision of these Terms and Conditions. On termination you must destroy all materials and associated documentation obtained from the Website and all copies of such materials.
There will be occasions when the Website will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that Last.fm shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website. Last.fm is not responsible for any disruption whatever inherent in the operation of the Internet and World Wide Web including viruses or otherwise.
These Terms and Conditions (as revised from time to time) and associated information contained on the Website contain the full and complete understanding between the parties and supersede all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Terms and Conditions. Last.fm reserves the right to amend and/or vary these Terms and Conditions from time to time in its entire discretion.
These Terms and Conditions and all representations, obligations, undertakings and warranties contained in it shall enure for the benefit of any successor and assignees of Last.fm
These Terms and Conditions and any contracts made under them shall be governed and construed in accordance with the laws of England and Wales whose courts shall be the non-exclusive courts of competent jurisdiction.
Our Commitment Last.fm is fully committed to respecting your privacy and to protecting any information you provide to it. We treat both privacy and security as a priority and make every effort to ensure that all the information provided by you is protected. This Privacy Policy (the "Policy") respects and protects the privacy of all visitors to Last.fm and intends to give you as much information and control as possible.
The Policy explains how Last.fm collects and uses information. We hope that our candour will remove any concerns you may have and will make visiting Last.fm a rewarding experience.
Although we endeavour to keep you up-to-date on all changes made to the website, this Policy may be amended from time to time without notice to you. It is your responsibility to read the Policy carefully and review any changes that may have been made.
What information does Last.fm collect and how does Last.fm use this information?
In order to listen to Last.fm you will need to create a profile. When creating the profile you will be asked to provide an email address and create a username and password. If you choose to purchase music or other goods or service by clicking on a third party link (i.e. Amazon) provided on the website, we will not collect any personal information related to the transaction (i.e. credit card number, address, etc.). The only information that we will collect with respect to such third party links is (a) the number of generic Last.fm users who utilised such links and (b) the number of purchases made by these generic users.
From the moment you create your profile and begin listening to music on Last.fm, our Profile Navigation software will begin to create and maintain your record collection. This is accomplished by monitoring your activity on the website (i.e. which songs you listen to, which songs you skip, and the degree of difference or similarity you request when you choose to skip a particular song). In addition, your record collection will be affected by other actions you take on the website, such as sending a song recommendation to another user or manually selecting certain songs, albums or artists to be included in your record collection. All of the information that is generated by your activity on the website is fed back into Profile Navigation in order to fine tune your profile so that Last.fm can play more of what you like and less of what you don't like.
Last.fm does not process any personally identifiable information related to your record collection and/or profile in any manner other than as described in the preceding paragraph. We do not, for example, provide third parties with your name, location (if we know it), the contents of your record collection and a historical record of your song skipping activity. However, please note that your record collection (including your skipping history) may be viewed by all other users of Last.fm and that they may easily associate this information with your Last.fm username. Please see the Statistical Information section below to learn more on this subject and to learn how we log and use information related to your record collection and/or profile in the aggregate.
We keep track of the domains from which people visit Last.fm, but we cannot see a user's zip code, post code, city or country unless the user chooses to explicitly provide this information to us.
We collect data regarding the anonymous users of Last.fm, including: a. The Internet Protocol (IP) address of the user's computer. This may or may not be associated with a particular Internet Service Provider (ISP). b. The referring URL, if any. c. The browser software identification (i.e. the brand and version of your browser software).
As discussed above, we log (but do not use) personally identifiable information with respect to the listening, skipping and music-sharing activities of users whilst they are on Last.fm. For example, it is possible for us to know which records you listen to, which you skip, which you recommend to other users and which you add to your record collection. We do not use this information in any manner in conjunction with your personal information (i.e. although we here at Last.fm can connect your username to your email address, we don't use a personally identifiable activity log in any manner whatsoever and no third parties are given access to it). Please note, however, the fact that information related to your listening, skipping and music-sharing activities may be viewed by all other users in conjunction with your Last.fm username. Thus, with respect to other users, we don't view this information as personally identifiable because of the veil of anonymity afforded by your username. If you take any action which destroys the anonymity of your username, we cannot be held responsible for the fact that others may as a result be able to personally identify you with your username (and therefore with your record collection and Last.fm profile). If you realise that you have taken action which has destroyed or may destroy the anonymity of your username, please notify us and we will issue you either a new username and/or password.
Please note that we do log and use statistical information in the aggregate. For example, we know the number of users who skip a particular song. From this information we are able to compile statistics in the form of percentages of all users (i.e. 29% of our users skipped song XYZ). We can of course compare the skipping statistics of one song to those of another song. We are also able to perform more sophisticated statistical operations based on the information collected. For example, we can know the raw number (and associated percentages) of users who listen to one particular song that also listen to other particular songs. From this information we are able to determine which songs are "neighbours" in terms of overall listener taste and we can see which genres of music tend to be neighbours. As a service, we may supply certain aggregate statistical information to record labels and artists that allow us to stream their music on Last.fm in order to help them understand the likes and dislikes of music listeners.
We currently offer message board functionality and in the future we may offer other interactive features such as instant messaging and chat. Please note that all personal information you display or communicate using such functionality becomes public information and we are not responsible for any information you choose to make public. We may monitor such traffic via electronic software or otherwise in order to check for obscenity, defamation or abusive language, which we reserve the right to remove at any time. In addition, if you choose to personally communicate or meet with any other Last.fm user by exchanging postal/email addresses, telephone numbers or otherwise via the interactive functionality of Last.fm, you do so at your own risk. Last.fm cannot be held responsible for any consequences which flow from your decision to communicate or interact with other Last.fm users in places or under circumstances which we do not control. We advise you to use extreme caution whenever you socialise or interact with people whom you have met via the internet.
In order to ensure that Last.fm is functioning at its best, from time to time we may ask you to upgrade to a newer version of our software. In addition, we may find it necessary to send you automatic fixes or support files. If we make a modification that materially affects your privacy, we will endeavour to notify you of such modification and we will update the Policy accordingly.
We may display links to third party sites, however we cannot control and cannot be held responsible for those other sites, their privacy policies or how they treat information about their users. We advise you to check their privacy policies to find out how they are treating your personal information.
Last.fm complies with the Data Protection Act 1998, including all UK amending legislation and EU directives. Pursuant to the Act, you have the right to be informed of and to have access to all of the personally identifiable information we hold about you.
If you choose to download the Last.fm software, it will monitor all the music you listen to on your computer (even if you are not online). It will then send this information to Last.fmvia Audioscrobbler. This information will then be integrated into Last.fm to enhance the depth of your record collection and the accuracy of your profile. The Last.fmsoftware cannot and will not collect and transfer any other information from your computer other than as described above. For the avoidance of doubt, however, please be advised that Last.fmLtd. cannot be held liable for any damage which may occur to your computer as a result of downloading the Last.fmsoftware, nor shall it be liable for any invasion of privacy related to the same.
We use cookies to help you use Last.fm but do not use cookies to capture personally identifiable information. Currently, we only use “session” cookies, which means that they only last for as long as you are online. We use these cookies to identify you as a valid user, to ensure that no one else can simultaneously log in and use your profile and to help personalise your Last.fm experience in conjunction with your profile. In the future we may decide to employ "persistent" cookies which stay on your computer after you have gone offline. In the event that we introduce “persistent” cookies we will update this Policy accordingly so that you are made aware of such a change.
Most browsers have cookies turned on as a default, but you can always disable cookies via your browser preferences. If you choose to disable cookies, however, you won't be able enjoy a significant proportion of Last.fm's functionality. Please remember that cookies cannot read your hard drive or give any information collected to any third party. A cookie can only be read by the organisation that sets it.
Last.fm endeavours to protect the security of your information as much as we endeavour to protect our own information and network. We employ firewalls and store all of our files and information on secure terminals. In addition, all user passwords are protected by encryption technology.
We realise and understand that many young people love music and will therefore visit Last.fm, however we encourage all persons under 12 to consult with their parents before submitting any information to Last.fm and indeed any other website. Having said this, we believe that ultimately it is the responsibility of parents to supervise children when online and we therefore recommend that parental control tools be put in place.
We believe in privacy and therefore will take all reasonable measures to ensure that your personally identifiable information remains private. However, in the event that we are forced to disclose personally identifiable information by law (i.e. by court order), we will make such a disclosure without being in violation of this Policy.
If Last.fm is acquired by another company or sells a portion of its assets to another company, it is likely that user information will be a part of the assets transferred. If as a result of such a business transition information is to be collected, used or disclosed in a manner or for a purpose different from that stated above, Last.fm will endeavour to notify all users of such changes.
By disclosing any information to Last.fm through the website you consent to the collection, storage and use of such information by Last.fm as set out in this Policy and the Terms and Conditions. If Last.fm makes any changes to this Policy these changes will be detailed on this page in order to ensure that you are fully aware of what information is collected, how it is used and under what circumstances it will be disclosed. If you are concerned about how your information is collected, used or disclosed, you should periodically check back at this page. If you have any specific concerns not addressed in the Policy, please contact us using the feedback page on the website.