Terms & Conditions
1. ACCESSING THE PSONAR SERVICE
1.2 Using the Psonar Properties, you can receive media content made available through the Service in your home country by stream. You do not have a right to transfer or sublicense your rights under this Agreement. 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 music 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 be able to play music that has not been gifted to you nor gift plays to other people. 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 by law 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 You must be 16 or over to register for the Site.
3. YOUR USE OF THE SERVICE
3.1 By 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 may interact 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.
4. ACCEPTABLE USE POLICY
4.1 By using the Service, you agree not to:
4.1.1 use the Service for any unlawful or illegal purposes;
4.1.3 use the Service for any commercial purpose, including advertising or selling any goods or services, other than sharing music under these terms and conditions;
4.1.4 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;
4.1.5 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;
4.1.6 undertake any sales or promotional activity, including surveys, contests, pyramid selling schemes or chain letters;
4.1.7 submit any material or do anything that results in the transmission of junk email, duplicative or unsolicited messages or spamming or phishing;
4.1.8 use other users' personal data for purposes other than making contact with them that is reasonably expected to be welcomed by such other users;
4.1.9 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.
7. HOW TO MAKE A COMPLAINT OR REPORT COPYRIGHT INFRINGEMENT
7.1 You can report abuse or complain about content on the Service by contacting us at: firstname.lastname@example.org.
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: email@example.com or Psonar Limited, 15A Water Lane, Impington, Cambridge, CB24 9XW, UK. 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 was 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: firstname.lastname@example.org or Psonar Limited, 15A Water Lane, Impington, Cambridge, CB24 9XW, UK
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. LINKING TO OUR SITE
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.
9.2.1 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 email@example.com;
10. TERMINATION OF USE
10.1 Psonar reserves the right in its sole discretion at any time without liability and with or without prior notice to you:
a) to suspend or revoke your registration (where applicable) and/or your right to access and/or use the Service;
10.2 You can terminate your account at any time by contacting us as firstname.lastname@example.org. This will remove your profile 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.
10.3 The following sections shall survive any termination of your membership: Sections 5, 6, 7, 18, 19 and 20.
11. INTELLECTUAL PROPERTY
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.
14. ABOUT US
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. Our VAT number is GB976029981