Terms & Conditions of Useo
Thanks for choosing Psonar. By using our Service, you are entering a binding agreement with Psonar Limited (“Psonar”) in your home country. Please read our terms and conditions of use (“Terms”) and if you don’t agree then please don’t use the Service.
If we make any material changes to the Terms they will be posted on this page, or we might send an email to registered users notifying them of the changes. Check this page to see any changed Terms, and if you don’t accept them you should stop using the Service. If you continue to use the Service following any changed Terms then you will be deemed to have accepted them.
Remember that to use the Service you must be 18 or older, or you must have obtained your parent or guardian’s consent to these Terms.
1. Licence to Access 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, applications and all proprietary services, software, data and materials accessed via the Website (the “Psonar Properties”). The Website and the Psonar Properties are referred to as the “Service”.
1.2 We are granting you a limited personal, non-exclusive, revocable licence to receive media content made available by the Service in your home country. You do not have a right to transfer or sublicense your rights under this Agreement to anyone else. The Service may include content, features, services, advertisements and other materials that are designed to enrich your enjoyment and provide you with opportunities to share and consume music in a legal environment.
1.3 Access to the Service is permitted on a temporary ‘as is’ and ‘as available’ basis basis. Psonar may add, change, remove, suspend or discontinue any aspect of the Service at any time and may limit certain features or prohibit or restrict access to all or part of the Service. Psonar does not warrant that the Service will be uninterrupted or error free, that defects will be corrected or that the Service will be upgraded or free of viruses or bugs. The content and software displayed and utilised by the Service is provided without any guarantees, conditions or warranties and Psonar has no obligation to provide any specific features or content. You understand and agree that Psonar will not be liable to you if for any reason, the Website or the Service (or any part of it) is unavailable to you at any time.
1.4 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, the quality of any connection or for any information passing between you and the Service.
1.5 The Service 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 Service from outside the United Kingdom, you are responsible for compliance with all applicable local laws and regulations.
2.1 When you register, we will ask you to provide information about you which must be and must remain true, accurate and complete for you to be and remain a registered user. We will ask you to select a username and password. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
2.2 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.
4.1 You can stream individual tracks from the Service from just 1p/1€ cent/1 US cent (some tracks cost a little more) by obtaining credits in bundles of GBP/EUR/USD 0.50/1.00/2.00/5.00/10.00. You can pay for credits in-app, on your mobile phone bill (contract or pre-pay) or with a debit / credit card from the Website. Credits can not be redeemed but they do not have any expiry date. Psonar reserves the right without notice to vary its pricing of individual tracks and/or to introduce special pricing offers and/or bundles in association with its affiliates or otherwise.
5.1 You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service, our applications or any third party applications or content made available through the Service shall be limited to you stopping to use the Service and terminating this Agreement.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PSONAR, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY APPLICATIONS OR CONTENT AND OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT SHALL BE NO MORE THAN THE AMOUNTS PAID BY YOU TO PSONAR DURING THE IMMEDIATELY PRECEEDING THIRTY DAYS USE OF THE SERVICE.
5.2 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.
6. Intellectual Property
6.1 All Psonar trademarks, service marks, trade names, logos, domain names, and any other features of the Psonar brand are the sole property of Psonar. This Licence does not grant you any rights to use any of the same for any commercial or non-commercial use.
6.2 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, database rights and other intellectual property rights (whether registered 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 shall be construed as conferring any licence or right for you to use the same other than as permitted.
6.3 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 is expressly prohibited.
7.1 These Terms will continue to apply to you until terminated by either you or Psonar. We may terminate, suspend or revoke your registration (where applicable) and/or your right to access and/or use the Service at any time without liability and with or without prior notice to you including in the event of your actual or suspected unauthorised use of the Service or non-compliance with the Terms and use any technological, legal, operational or other means available to enforce these Terms, including (without limitation) by blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
7.2 You can terminate your account at any time by contacting us at email@example.com. This will remove your profile and other personal information from view and prohibit you from accessing the Service as a registered user.
8. Other Important Terms
8.1 The Website 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.
8.2 Psonar expressly disclaim any and all responsibility and liability for the conduct of any other user of the Service.
8.3 Psonar may run competitions, promotions, prize draws and other incentive programmes on the Service (“Promotions”), which shall be governed by separate terms and conditions. A link to these terms will be displayed with details of the Promtion. It is your responsibility to read those terms and and any eligibility requirements before entering a Promotion.
8.4 Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
8.5 No failure or delay by Psonar in exercising any right, power or privilege under these Terms shall operate as a waiver of Psonar’s right to do so.
8.6 These Terms 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).
8.7 Except for Psonar’s affiliates, who are express and intended third party beneficiaries of these Terms and may enforce any of its terms and exercise any of the rights to the same extent as Psonar, nothing in these Terms shall confer or purport to confer on any other third party any benefit or the right to enforce these Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
8.8 Psonar is compliant with the PhonepayPlus Code of Practice, and user data we collect may be passed to and used by PhonepayPlus for regulatory purposes. To find out more about PhonepayPlus visit www.phonepayplus.org.uk.
9. Law and Venue
9.1 This Agreement is governed by English law and the English courts will have exclusive jurisdiction over any claim arising from, or related to these Terms and/or the Service.
10. How to Make a Complaint
10.1 You can report abuse or make a complaint about content featured on the Service by contacting us at: firstname.lastname@example.org.
10.2 If you have a complaint about any other feature of the Service please let us know at: email@example.com and we will try our hardest to deal with your concern quickly and efficiently. You can also contact our customer help line on: +44 1223 236632.
www.psonar.com is owned and operated by Psonar Limited, a company registered in England and Wales under company number 06609165. Our registered office and main trading address is 15A Water Lane, Impington, Cambridge, Cambridgeshire, CB24 9XW. Our VAT number is GB976029981.