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PSONAR.COM
Terms and Conditions of Use
Last updated: August 2009
These terms of use and any documents referred to below explain the terms on which you may use the Psonar Service, whether as a casual visitor or as a registered user. Please read these terms carefully before using the Service.
By accessing or using the Service, you are entering into a legal agreement between you and Psonar Limited (“Psonar”), which you agree to be bound by. If you do not agree to these terms of use, please do not use the Service. Psonar may, at its sole discretion, make changes to these terms of use at any time. If Psonar makes material changes to these terms of use, Psonar will post the changes on this page. In certain circumstances, Psonar may send an email to registered users notifying them of the change. You should, however, check this page from time to time to take notice of any changes.
If you do not accept any change to these terms of use, you should stop using the Service immediately. If you continue to use the Service following a new set of terms of use being posted on this page, you will be deemed to have accepted such new terms of use.
1 ACCESSING THE PSONAR SERVICE
1.1 Psonar owns, controls and provides access to the Psonar website at www.psonar.com (the “Website”), the Psonar client-based software, the Psonar API and all proprietary services, software, data and materials accessed via the Website (the “Psonar Properties”). The Website and the Psonar Properties are referred to together in these terms of use as the “Service”.
1.2 Using the Psonar Properties, you can access your own music collection using a variety of devices. The Service also includes content, features, services, advertisements and other materials that are designed to enrich your enjoyment of music and provide you with opportunities to share your music tastes and purchase new music in a legal environment.
1.3 Access to the Service is permitted on a temporary basis. Psonar may add, change, remove, suspend or discontinue any aspect of the Services at any time without notice to you. Psonar may in its discretion limit certain features or prohibit or restrict access to all or part of the Service. Psonar will not be liable to you if, for any reason, the Website or the Service (or part of it) is unavailable to you at any time.
1.4 To use certain elements of the Service, you will need to download software to your computer or device. This software then interacts with other computer programs, your computer or other permitted device and, in some instances, the Psonar servers. You may need to enter into a separate end user licence or similar agreement to use some of the Psonar Properties.
1.5 You are responsible for making all arrangements necessary for you to access the Service. Psonar is not responsible for any connection or access to the Internet or Service by you, or the quality of any information passing between you and the Service.
1.6 The Site is maintained, controlled and operated by Psonar from the United Kingdom and Psonar makes no representation that any of the content on it is appropriate or available for use in other territories. If you use the Site from outside the United Kingdom, you are responsible for compliance with all applicable local laws and regulations.
2.1 If you do not register as a user on the Service, you will only have access to certain parts of it. For example, you will not have a profile page or the ability to upload your music, to provide comments or feedback on your music collection. You must register if you want to take advantage of these benefits.
2.2 When registering, you will be required to provide information about you. All information you provide must be true, accurate and complete for you to become a registered user. As part of the registration process, you will be asked to select a username and password. You are solely responsible for your registered account, including all content that you upload or submit to the Service. You must keep your password secure.
2.3 If you choose a username that impersonates another person or celebrity, is or may be protected by a trademark or other intellectual property law, or is inappropriate or offensive, Psonar may refuse to register you for the Service.
2.4 Psonar respects copyright. If you upload unlicensed or illegal music to the Service, Psonar may be required to pass your registration details and other information concerning your use of the Service to the relevant authorities. As a user of the Service, you must only upload music and content which you have bought and own.
2.5 Psonar retains the right to contact registered users via email or SMS with notices about changes to the service or other information relevant to their use and enjoyment of it. Psonar will not share email addresses or other personal information with any third parties.
2.6 You must be 16 or over to register for the Site.
3.1By registering as a user of the Service, Psonar provides you the facilities and proprietary software to store your music and access it wherever you are. The Psonar software is protected by intellectual property rights and may not be copied or engineered without Psonar’s permission. The Psonar software interacts with your devices, including your portable device, your PC and your mobile phone.
3.2 The Service allows you to upload or submit your music and other content (including, without limitation, audio files, text, photographs, graphics, video and any underlying material) (the “Content”) to the Service. By uploading Content and using the Service, you agree to comply with the Acceptable Use policy set out below.
3.3 By submitting your Content to the Service, you are granting to Psonar and its sub-contractors a non-exclusive, worldwide, royalty-free licence (including the right to sub-license) to store such Content on your behalf, to the extent that any licence is necessary. Psonar or its sub-contractors will not use the Content in any way other than as instructed by you within the parameters of the Service.
3.4 Notwithstanding that you may submit Content to the Service, you will remain as owner of Content that you submit or upload. The licence you grant to Psonar is not exclusive. You may continue to use the Content in any way, including allowing others to use it, provided such use does not interfere with any rights of record labels and music publishers that are granted to you when you purchase your Content.
3.5 You warrant and represent to Psonar that:
3.5.1 any Content you submit or upload to the Service complies with the Acceptable Use policy below; and
3.5.2 you are permitted to upload the Content and/or you have all necessary licences, rights, consents and permissions to use, and to authorise Psonar to use, any and all intellectual property rights in the Content to enable Psonar to deliver the Service in the manner contemplated by these terms of use, to the extent a licence may be necessary at all.
3.6 When you upload Content to the Service, only you will be able to access and listen to it and you will not have the option to make it available publicly. However, other users of the Service (including non-registered users) can view your music collection. On your profile page, you will be able to control who has access to certain parts of your profile information.
3.7 Psonar provides a music locker, storage and access service strictly for your own personal and non-commercial use. Psonar does not check any Content uploaded to the Service and does not monitor use of the Service. Psonar relies on users to report abuse of the Service and to respect copyright. Psonar has the right, but not the obligation, to remove any Content that users submit or upload in Psonar’s sole discretion.
4.1 By using the Service, you agree not to:
4.1.1 use the Service for any unlawful or illegal purposes, including uploading or making available any Content without the permission of the relevant copyright owners or promoting or encouraging such behaviour.
4.1.2 breach these terms of use or any applicable laws and regulations;
4.1.3 use the Service for any commercial purpose, including advertising or selling any goods or services;
4.1.4 upload or submit Content that is defamatory, obscene, pornographic, sexually explicit, abusive, harassing, threatening or offensive, racially, ethnically or otherwise objectionable, unlawful or otherwise violates the rights (such as rights of privacy and publicity) of others;
4.1.5 upload or submit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property;
4.1.6 submit any Contents containing links to illegal sites, pirate sites, pornographic sites or other commercial sites;
4.1.7 impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other users;
4.1.8 collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other use in connection with your Content or in connection with your use of the Service, unless you have obtained the express prior written permission of such other person, firm or enterprise to do so;
4.1.9 undertake any sales or promotional activity, including surveys, contests, pyramid selling schemes or chain letters;
4.1.10 submit any material or do anything that results in the transmission of junk email, duplicative or unsolicited messages or spamming or phishing;
4.1.11 use other users' personal data for purposes other than making contact with them that is reasonably expected to be welcomed by such other users;
4.1.12 upload or submit any Content containing any virus, corrupt file, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spyware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any Content, data or personal information;
4.1.13 interfere with another user’s use and enjoyment of the Service or use the Service in any other manner that could damage, disable, overburden or impair the Service.
5.1 You shall indemnify and keep Psonar and its officers, directors and employees fully and effectively indemnified from and against any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by Psonar as a result of, or in connection with, your access to and use of the Service or conduct other than in accordance with these terms of use or any applicable law or regulation.
6.1 We process information about you in accordance with Psonar’s Privacy Policy. You must read and accept the terms of Psonar’s Privacy Policy before using the Service. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate.
7 HOW TO MAKE A COMPLAINT OR REPORT COPYRIGHT INFRINGEMENT
7.1 You can report abuse or complain about content on the Service by using the Contact function on the Service.
7.2 If you are a rightsowner (or acting on behalf of a rightsowner) and believe that any Content on the Service infringes your copyright, you must give Psonar notice by sending a written statement including the information set out below (in the same order as set out below):
(a) that you are the rightsowner or are authorised to act on the rights-owner's behalf;
(b) that you have identified Content on the Service which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the Content in the manner complained of is not authorised by the you or the rightsowner's agent or by law;
(c) a description of the copyright work that you claim has been infringed, which should include the type of work (such as a photograph or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
(d) a description of the way in which the copyright material has been infringed;
(e) information reasonably sufficient to permit Psonar to locate the Content in question on the Service (including a URL and/or screen shot);
(f) information that will enable Psonar to contact you, such as your name, a postal address, telephone number and, if available, an email address (these will also be the contact details that Psonar will provide to the alleged infringer so that they may contact you directly, to attempt to resolve the complaint); and
(g) that the information in the notification is true and accurate.
Completed statements should then be sent to
Attn: copyright@psonar.com
15A Water Lane, Impington, Cambridge, Cambridgeshire, CB24 9XW.
This ‘notice and takedown’ process is regulated by law. There may be negative consequences if you falsely allege copyright infringement or send a copyright infringement notice to Psonar in bad faith. We suggest that you take legal advice before sending a copyright infringement notice, particularly if you are unsure about your rights in the Content, or whether there has been an infringement of your rights.
7.3 If you believe that Psonar has removed Content that you have uploaded to the Site in error, you may by send a written counter-notice including the information set out below (in the same order as set out below):
(a) details of the Content that has been removed or to which access has been disabled;
(b) information reasonably sufficient to permit Psonar to identify the Content in question on the Site (including a URL and/or screen shot);
(c) a statement that you believe in good faith that the Content that you have identified has been removed by mistake and your reasons for believing this;
(d) information to enable Psonar to contact you, such as your name, a postal address, telephone number and an email address
(e) a statement that you agree to be contacted by the person (or an authorised representative of such person) who gave Psonar the original notice.
Completed counter-notices should then be sent to
Attn: copyright@psonar.com
15A Water Lane, Impington, Cambridge, Cambridgeshire, CB24 9XW.
7.4 You acknowledge that Psonar may be required to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Service constitutes a violation of their intellectual property rights, or of their right to privacy or any other law.
8.1 The Site may contain links to other sites and resources provided by third parties. These links are provided for your information only. Psonar has no control over the contents of those sites or resources and accepts no responsibility for them.
9.1 You may link to the Psonar home page at www.psonar.com, provided you do so in a way that is fair and legal and does not damage Psonar’s reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Psonar where none exists.
9.2 Links to the Site do not imply that Psonar endorses, is affiliated with, or is associated with any linked site or that any linked site is authorised to use any of Psonar trade marks, trade names, brands, logos or copyright symbols or those of any of Psonar’s affiliates or licensors.
9.3 You must not frame any portion or pages of the Site on any other site, nor may you create a link to any part of the Site other than the home page. Psonar reserves the right to withdraw linking permission and/or delete links without notice. The website from which you are linking must comply in all respects with these content standards. If you wish to make any use of material on the Site other than that set out above, please address your request to info@psonar.com;
10.1 Psonar reserves the right in its sole discretion at any time without liability and with or without prior notice to you:
(a) not to post any Content on the Service;
(b) to suspend or revoke your registration (where applicable) and/or your right to access and/or use the Service or submit any Content and/or remove or suspend or disable access to any Content;
(c) to use any technological, legal, operational or other means available to enforce these terms of use, including (without limitation) blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
10.2 You can terminate your account at any time by sending an email to support@psonar.com. This will remove your profile, Content and other personal information from view and prohibit you from accessing the Service as a registered user. Once your registration is terminated, Psonar will have the right to delete your account and prevent you accessing any related Content that you have submitted or uploaded.
10.3 The following sections shall survive any termination of your membership: Sections 5, 6, 7, 18, 19 and 20.
11.1 All information, data, text, graphics, logos, designs, documents, images, pictures, photographs, videos, software, interactive features, advertisements or other content, services or materials (or any part of them) on the Service are protected by copyright, trade marks, database rights and other intellectual property rights (whether unregistered or unregistered and including applications for the grant of any such rights) and are owned by or licensed to Psonar or are otherwise used by Psonar as permitted by applicable law or regulation. Nothing contained in these terms of use shall be construed as conferring any licence or right for you to use the same other than as permitted in these terms of use.
11.2 You agree to abide by any and all additional notices, information or restrictions in respect of the Psonar Properties contained in any part of the Service. Exploiting any part of the Psonar Properties for a purpose that is not permitted by these terms of use is expressly prohibited without prior written permission from Psonar or the applicable rightsholder.
12 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
12.1 The Service is provided to you ‘as is’ and on an ‘as available’ basis. You use the Service at your own risk and Psonar recommends that you always maintain back-up copies of all your Content on your own equipment. Psonar does not warrant that the Service will be uninterrupted or error free, that defects will be corrected or that the Service will be available are free of viruses or bugs. The content and software displayed and utilised by the Service is provided without any guarantees, conditions or warranties. To the extent permitted by law, Psonar and any third parties connected to Psonar expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity;
(b) any liability incurred by any user in connection with the Service or in connection with the use, inability to use, or results of the use of the Service, any websites linked to it and any Content posted on it, including, without limitation any liability for:
i. loss of income or revenue;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. loss of data;
vi. loss of goodwill;
vii. wasted management or office time; and
viii. any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable,
whether such losses arise directly or indirectly.
12.2 We expressly disclaim any and all responsibility and liability for the conduct of any other user of the Site, and expressly disclaim any liability for Contents submitted or uploaded by other users.
12.3 Psonar does not limit its liability for death or personal injury arising from negligence, liability for fraudulent misrepresentation or any other liability that cannot be excluded by law.
13.1 Psonar may run competitions, promotions, prize draws and other opportunities on the Service, which shall be governed by separate terms and conditions. A link to these terms and conditions will be found on the Service, alongside details of the specific competition, promotion, prize draw and other opportunities. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.
13.2 If, for any reason, any of these terms are determined to be illegal, invalid or otherwise unenforceable by a court of competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms of use and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.
13.3 No failure or delay by Psonar in exercising any right, power or privilege under these terms of use shall operate as a waiver of such right or acceptance of any variation of these terms of use and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
13.4 These terms of use set out the entire agreement and understanding between Psonar and you and supersede all previous agreements, representations and arrangements between you and Psonar (either oral or written).
13.5 Except for Psonar’s affiliates, who are express and intended third party beneficiaries of these terms of use and may enforce any of its terms and exercise any of the rights to the same extent as Psonar, nothing in these terms of use shall confer or purport to confer on any other third party any benefit or the right to enforce these terms of use and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms of use.
13.6 These terms of use are governed by English law and the English courts will have exclusive jurisdiction over any claim arising from, or related to these terms of use and/or the Service.
www.psonar.com is owned and operated by Psonar Limited.
We are registered in England and Wales under company number 06609165.
Our registered office is at 15A Water Lane, Impington, Cambridge, Cambridgeshire, CB24 9XW.
Our main trading address is 15A Water Lane, Impington, Cambridge, Cambridgeshire, CB24 9XW.
