Website Terms and Conditions

 

Effective Date: 26.09.2024

 

Welcome to www.thefatrat.com (“Website,” “we,” “us,” or “our”). By accessing or using this Website, you agree to comply with and be bound by the following terms and conditions ("Terms"). Please review the following Terms carefully. If you do not agree to these Terms, you must not use this Website.

 

I WEBSITE USAGE

 

1. Acceptance of Terms

By using this Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website.

 

2. Acceptance of the privacy police

By using this Website, you confirm that you accept the privacy police. If you do not agree to the privacy police, you must not use this website. You can find the privacy police here: https://www.thefatrat.com/terms-and-conditions-1

 

3. Changes to the Terms

We reserve the right to update or change these Terms at any time without notice. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes.

 

4. Use of the Website

You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. You agree not to:

 

Use the Website in any way that is unlawful or fraudulent.

Use the Website to distribute viruses, malware, or harmful software.

Attempt to gain unauthorized access to any part of the Website.

 

5. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, and software, is the property of Pharisade LTD or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, or otherwise use any of the content without our prior written consent.

 

6. User-Generated Content

If you submit content to the Website (e.g., comments, reviews, or other materials), you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute that content. You warrant that you own or have the necessary rights to submit the content and that it does not infringe on the rights of third parties.

 

7. Links to Other Websites

Our Website may contain links to third-party websites. We are not responsible for the content, accuracy, or opinions expressed on these websites. Your use of third-party websites is at your own risk, and you should review their respective terms and conditions and privacy policies.

 

8. Disclaimer of Warranties

The Website is provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, regarding the availability, accuracy, or reliability of the Website or its content.

 

9. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of or inability to use the Website. This includes, but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses.

 

II MASTER USAGE

 

10. Master Usage

The following Terms and Conditions shall apply, if you wish to use the following sound recording provided for download on this website (www.thefatrat.com) [hereafter referred to as TheFatRat´s Master(s)]. 

 

These Terms and Conditions only allow a restricted usage of TheFatRat´s Master(s); regarding any other usage(s) of TheFatRat´s Master(s), please contact: 

managment@pharisade.com

 

USAGE / LICENSE (non-exclusive)

 

11 Allowed

Subject to full compliance with the “Obligations” set out in Sec. 2 hereunder, you are allowed to:

- use TheFatRat´s Master(s) in your user-generated content (videos) and to upload such videos including TheFatRat´s Master(s) to YouTube;

- edit and adapt TheFatRat´s Master(s) in order to include them in your video(s) to be uploaded to YouTube;

- monetize the visual content of your video(s) on YouTube.

- the license to use TheFatRat´s Master(s) accordingly, is granted to you by Pharisade LTD, a Limited under Cypriot Law.

 

Any other kinds of use of TheFatRat´s Master(s) and any respective other rights are expressly reserved. Not covered by this license is any use of the musical work(s) underlying such sound recording(s).

​

12 Not allowed

In order to avoid any misunderstanding, the above license does not cover the following uses of TheFatRat´s Master(s), which are – accordingly – not allowed:

- any sale/licensing of TheFatRat´s Master(s) of whatsoever kind - other than allowed under Sec. 1.1 hereunder;

- any sale/licensing of adaptations of TheFatRat´s Master(s) of whatsoever kind - other than the ones allowed under Sec. 1.1 hereunder;

- any “claiming” of TheFatRat´s Master(s)or adaptations thereof on YouTube or any other digital service provider.

- any use of TheFatRat´s Master(s) – even on YouTube - in connection with advertisements (other than YouTube pre-rolls), any commercial products and/or services, any propaganda and/or political activities, including, but not limited to, lobbying, voter registration, or public election(s).

​

13 Obligation

If you want to use TheFatRat´s Master(s) according to the Sec. 1 hereunder, you need to fully comply with the following condition:

you need to add the following text/link to the “Description” to be displayed below the video player on YouTube:

 

“Music: TheFatRat *TITLE**YouTube link to the song on TheFatRats Channel*"

 

you will comply at any time with YouTube‘s respective terms & conditions:

 

https://www.youtube.com/static?gl=DE&template=terms

 

In case you do not comply with the above, the respective use is not covered by the license hereunder.

 

14 Indemnification

You fully agree to keep TheFatRat and Pharisade LTD entirely free and unharmed from whatever and all future liability, proceedings, claims, demands, cost, loss, awards, damage or expanse (including reasonable legal costs) arising directly or indirectly from any breach of your obligations hereunder or from any claim arising out of any usage of the visual content of your video.

 

15 Liability

Liability on the part of TheFatRat and Pharisade LTD - irrespective of the legal reason - shall only apply if the damage has been caused by culpable breach of one of the cardinal duties or material secondary obligations in a way that jeopardizes achievement of the contractual purpose, or is attributable to gross negligence or wilful intent on the part of TheFatRat and Pharisade LTD. 

 

If in the absence of gross negligence or wilful intent Pharisade LTD is liable pursuant to Sec. 4.1a) for breach of a material contractual obligation, whereby the liability shall be limited to the extent of the damage that TheFatRat and Pharisade LTD could typically expect at the time of conclusion of the agreement on the basis of the circumstances known to it at that time. Liability for consequential damage, in particular for lost profit or compensation for third-party damage, is excluded unless TheFatRat and Pharisade LTD is guilty of gross negligence or wilful intent.

 

TheFatRat and Pharisade LTD shall only be liable for a period of two (2) years from the time of the breach of duty.

The aforesaid limitation of liability shall not apply to the damage resulting from injury to life, body or health.

 

III MISCELANIOUS

 

16. Governing Law

These Terms are governed by and construed in accordance with the laws of Cyprus. Any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of

 

Paphos District Court

Corner of Neophytou & Nicos Nicolaides str.

8100 - Paphos

P. O. Box 60007

Cyprus

 

17. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

 

Email: management@pharisade.com

 

Address:

Pharisade LTD

Archiepiskopou Makariou III, 49,

Office 1,

Yeroskipos

8200 Paphos