Terms of Service - CA
As amended: 5th January 2016
TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE
Welcome to the 7digital Terms of Service provided to you by 7digital Limited (“7digital” or “we”, "us" or "our"). We are a limited liability company registered in the UK with the company number 04843573 with our registered offices at 69 Wilson Street, London, EC2A 2BB with VAT number GB 830 6840 35. We are committed to providing an excellent user experience, help can be found here: http://help.7digital.com/customers and we can be contacted by email at firstname.lastname@example.org
7digital reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice due to changes to our Services and /or the laws that apply to us and you (See Section 17).
1 REGISTERING FOR SERVICES & CHILD SUPERVISION
1.1 Registering for Services. You must be at least the age of majority in the province, territory, state or jurisdiction in which you live to agree to and enter into a contract on your own behalf and to register for use of the Services. If you are under 18 but at least 13 years of age, you must present these Terms of Service to your parent or legal guardian so that he or she may consent to the terms on your behalf.
1.2 Minimum Age. Children under the age of 13 may not register for the Services, and parents or legal guardians may not register on their behalf. By registering for the Services, you represent that (i) you have read, understood and agree to be bound by these Terms of Service (ii) you are at least 18 years old, either entering into this Contract for yourself or entering on behalf of your child or a child in your legal care aged 13 or over.
1.3 Full Access. If you are a parent or guardian allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. You are fully responsible for his or her use of the Services, including all financial charges and legal liability that incurred. If you do not agree to (or cannot comply with) any of these Terms of Service, do not register and do not attempt to access the Service.
2 ACCOUNT AND PASSWORD
2.1 Setting up an account. To access most of the Services and/or download or purchase Content you will be required to sign up for an account with us. This can be done on either the 7digital website or on the 7digital mobile app.
After receiving your registration information and request, 7digital will activate your account and send you a confirmation email. Upon receipt of this confirmation email your registration will be complete and at this point, subject to payment of any applicable fees and your compliance with these Terms of Service, you can begin using all of the Services.
2.2 Keeping your Password Secure. If you create an account with us to access the Services, only you may use your 7digital account and you are solely responsible for keeping your user identification code, password, or any other piece of information provided either by us or you as part of our security procedures, confidential and secure. You must not disclose your password or any such information to any third party. Further, it is a material breach of these Terms of Service to share information which provides access to the Services (including but not limited to a link to Content) with any third party. You may have a credit card or other payment method stored with 7digital and if your details are used by a third party (whether or not authorised), the third party will be able to make purchases with that payment method. You will be fully liable for any actions made with your identification code or password and in no event will 7digital be liable for any indirect or consequential loss or damage resulting from the disclosure of your identification code or password. 7digital advises you to change your password frequently and to always keep it secure. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by clicking on this link to contact us and change your password immediately.
2.3 Warranty. You also promise that any registration information that you submit to 7digital is true, accurate and complete information about yourself, and you agree to keep it that way at all times. You can amend your registration data at any time by logging into your account and clicking on the "Account" tab.
2.4 Failure to Comply. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
You may close your account with us at any time by deactivating your account through the "Account" settings.
3 YOUR PERSONAL INFORMATION
4 PLACING ORDERS AND CONTRACT FORMATION
4.2 By placing an order via the Services, you are making an offer to 7digital to purchase products or services. Any order submitted will be subject to acceptance by 7digital and 7digital may reject all or any part of the order and discontinue products or services without notice. Our acceptance of your order will take place as described in clause 4.3 below.
4.3 After you place an order, you will be redirected to a confirmation page acknowledging and accepting your order (“Confirmation Page”) at which point a contract between us will be formed (“Contract”). You will also receive an e-mail from us confirming your order (“Email Confirmation”). Both the Confirmation Page and the Email Confirmation will contain a summary of your order and a web order number.
4.4 Once your order for Content is accepted and your payment has been authorised, your order will be available to you to download. In addition, you may also have access to the Content via your personal storage area ("PSA"), subject to the Licensor restrictions at clause 7 and the specific terms concerning the use of the PSA as set out at clause 6.5 below.
5 PRICE AND PAYMENT
5.1 The prices of the products will be as quoted to you at the time you submit your order. We take all reasonable care to ensure that the prices of the products are correct at the time when the relevant information was entered onto the system. However, please see clause 5.4 for what happens if we discover an error in the price of product(s) you ordered.
5.2 Prices of our products may change from time to time, but changes will not affect any order you have already placed.
5.3 The price of a product includes VAT (where applicable) and other applicable taxes at the applicable current rate chargeable in the UK for the time being.
5.4 Our Services contain a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our Service may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. Please note that if the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
5.5 You can pay for the Services using a debit card or credit card notified to you as accepted by us, or via PayPal (together, “Payment Methods”). By submitting an order through the Service, you promise that you are authorised to use the designated Payment Methods and authorise us to charge that card or other Payment Method for the purchase amount of your order (including taxes and other amounts described on the Services). When you provide your payment information, you authorise us (or a third party service provider working on our behalf) to process and store your payment and other related information. In the event the Payment Method you designate cannot be verified is invalid or not otherwise acceptable, we may suspend or cancel your order automatically and will notify you to that effect. Payment for any products purchased via the Services must be made at the time you place your order.
6 USAGE RULES
6.1 Use of Content. You acknowledge that all Content and Preview Clips), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content and/or Preview Clip originated. We do not control or endorse the Content or any Preview Clip and you acknowledge that by using the Services you may be exposed to Content and/or a Preview Clip that is offensive and/or indecent. You agree that any Content you purchase or Preview Clips that you access through the Services are provided to you by way of licence only. Except as expressly provided in these Terms of Service, 7digital will not be liable for any Content, Preview Clips or for any loss or damage of any kind resulting from the use of any Content or Preview Clips transmitted via the Services and you agree to bear all risks associated with such use of any Content or Preview Clips.
6.2 Digital Rights Management. Most Content sold on 7digital is DRM-free. However, you understand that some of the Preview Clips and Content include a security framework using technology that protects digital information and limits your usage of the Preview Clips and Content to certain usage rules established by 7digital and/or its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below in clause 6.4, and you agree that any other use of Preview Clips or Content in breach of the Usage Rules may constitute copyright infringement.
6.3 Preview Clips. A “Preview Clip” is a portion of a song or video, or in some cases, an entire song or video) that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Preview Clips as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview Clip.
6.4 Usage Rules.
(i) You are authorised to use the Content and access Preview Clips only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the maximum extent permitted by law. The 7digital Business Services division can be contacted at email@example.com or http://about.7digital.com
(ii) You may not use Content or any Preview Clip as a musical ‘ringer’ in connection with mobile phone calls.
(iii) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Content or any Preview Clip.
(iv) You agree that you will not use the Content or Services in whole or in part for any illegal purpose;
(v) The delivery of Content or Preview Clips does not transfer to you any commercial or promotional use rights in same.
(vi) Content in the MP3 or AAC format does not contain security technology that limits your usage of such Content and you may use them as reasonably necessary for personal, non-commercial use.
(vii) 7digital may at any time limit the number of devices that you may access the Services from simultaneously.
(viii) You agree that you will not (and will not permit anyone else to):
- copy, duplicate, modify, reverse engineer, decompile or disassemble any element of the Services or Content unless explicitly permitted under applicable mandatory law;
- bypass, modify, tamper, defeat, circumvent any of the security components, special rules or other applications that protect the Services, Preview Clips and Content; or
- use any robot, spider, data minder, crawler, scraper or other automated means to access or index the Preview Clips or Content or any portion thereof, including but not limited to any metadata associated with the Preview Clips or Content;
You agree that your purchase of Content or access to Preview Clips constitutes your acceptance of and agreement to use such Content or Preview Clips solely in accordance with the Usage Rules set out in these Terms of Service, and that any other use of the Content or the Preview Clips may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content or Preview Clips (as applicable). The Usage Rules shall govern your rights with respect to the Content. 7digital reserves the right to modify the Usage Rules for future purchases on the Service or for ongoing access to Content via the PSA, at any time. However, such changes will not apply to Content that you have already purchased and downloaded. Any change to the Usage Rules will be communicated to you. In the event that you refuse to accept the Usage Rules, you will no longer be able to acquire Content from the Services.
6.5 Your additional access to Content via the PSA.
(i) You may have access, via the ‘My Music’ section of the Services, to a PSA for Content purchased via the Services, the content of which is your sole responsibility and is held on third party cloud servers and infrastructure not controlled by 7digital in geographically dispersed locations.
(ii) 7digital provides access to such purchased Content via the PSA free of charge and without warranty. 7digital has no obligation to maintain or continue to provide access to the PSA.
(iii) You may be allowed to stream or re-download such purchased Content. Access to previously purchased Content from the Services will be available via the PSA. Due to Licensor restrictions, access to the Content via the PSA may cease (see Section 7.4).
(iv) You acknowledge and agree that you should not rely on 7digital or the Services to back up and store any files made available by 7digital to the PSA. It is your responsibility to back up and store any such files. You also agree to assume all risk for loss of content in your PSA.
(v) 7digital may be required by licensors to share aggregated, anonymous PSA usage information with its content licensors and you consent to 7digital sharing such usage information.
(vi) In addition to the Licensor restrictions as set out in clause 7, 7digital may, in its sole and absolute discretion, set a re-download, streaming, and or bandwidth implementation or other usage limitation on your usage of the PSA.
(vii) You will obtain and maintain any and all necessary licences and permissions in connection with your use of the PSA.
(viii) 7digital may be required to remove certain Content from the Service, in the event that its licensors no longer hold the necessary rights and permissions to such Content, in which case, you agree to 7digital removing the copy of such Content from your PSA, to avoid any further infringements of intellectual property.
6.6 Purchases. You confirm that you understand that you will be charged for a purchase when you click on any button labelled as, ‘buy now’, ‘pay now’ or ‘confirm purchase’.
6.7 Updates: You may need to install updates to the Services that we introduce from time to time in order to use the Services and access and download Content you purchase or have purchased in the past. These updates are designed to improve enhance and further develop the Services and may take the form of (amongst other things) bug fixes, enhanced functions, new software modules and completely new underlying versions of software. 7digital or the third party content providers of the Content may also change digital rights settings for such Content from time to time. For example, we or the third party content providers may correct errors in the Content or may add additional features, or may change the security features for the Content.
6.8 Content Licence: You acknowledge that when you purchase Content from us, we are selling you a licence to use such Content. Subject to your compliance with these Terms of Service and your payment of all applicable fees, 7digital or the third party content provider grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to download the Content solely for use in accordance with the Usage Rules.
6.9 Licence of the Services: We grant you a non-transferable and non-exclusive licence to use the Services made available by us to you in accordance with these Terms of Service. We reserve the right to modify, suspend or discontinue the Services (or any part or content thereof) at any time and we shall not be liable to you or any third party should we exercise such rights. To the extent possible we will warn you of in advance of any modification, suspension of discontinuance of the Services. Termination of the Services will not affect the availability of the Content you have already downloaded.
6.10 Termination: 7digital may terminate your access to the PSA or a particular piece of Content at any time without notice and without liability to you if: (a) you are accessing and using the PSA and/or any Content in breach of these Terms of Service in; or (b) we are required to due to Licensor Restrictions (see Section 7.4).
7 INTELLECTUAL PROPERTY AND LICENSOR RESTRICTIONS
7.1 You acknowledge that any and all of the copyright, trade marks, trade names and other intellectual property rights subsisting or used in connection with the Services, including but not limited to all Content, Preview Clips and intellectual property rights incorporated into the Services shall remain the sole property of 7digital, the rights owner, the third party content providers or our licensors as applicable. You agree to immediately notify us of any actual or suspected infringement and you also agree not to use any of our trade marks as part of the name under which you conduct your business.
7.2 Except for the rights explicitly granted to you in these Terms of Service, all right, title and interest in the Services, Preview Clips and the Content are reserved and retained by us, the rights owner, our third party content providers, and our licensors, with all rights reserved. You do not acquire any ownership rights in the Content purchased or Preview Clips accessed through the Services as a result of downloading the Content or accessing the Preview Clips. All other trade-marks, product names and company names or logos cited in these Terms of Service are the property of their respective owners.
7.3 Access to Content is subject to re-download limits imposed by certain licensors. You acknowledge that you may only re-download purchased Content up to five (5) times. You are encouraged to independently back-up your Content at the earliest opportunity.
7.4 Availability of Content and/or any Preview Clips via the Services is at the discretion of the third party licensor providing such Content and/or Preview Clips to 7digital, and 7digital may therefore be required by such licensors to remove Content and/or Preview Clips from the Services without notice to you. Access of Content via the PSA is also controlled by our licensors, and such access is provided by licensors on the basis that access may be withdrawn by licensors at any time, for any reason. Therefore, Content on our Services may be removed without notice and as a result, affected Content will remain listed, but will no longer be available for access in your PSA.
7.5 Our licensors license Content by region. Therefore, 7digital and/or its partners may need to monitor your activity by geographic location and if necessary employ geo-blocking software to prevent the purchase of Content and/or use of Preview Clips in unlicensed territories.
8 CANCELLATION RIGHTS
If you are a consumer and reside in the European Union and have made an online purchase from us through the Services, in addition to any other rights under these Terms of Service, you have a legal right to cancel your order without giving any reason and receive a full refund if you change your mind within fourteen (14) days of purchase (i.e. the date you receive your Email Confirmation (see clause 4.3)) (the “Cooling-off Period”).
NOTE HOWEVER that if you redeem or consume the Content or access the purchased Services during such Cooling-off Period (e.g. start downloading or streaming the products within 14 days of purchasing them), you will not have the right to cancel your order after that point.
To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (e.g. letter sent by post, fax or email). If you send us your cancellation notice by e-mail your cancellation is effective from the date you sent us the e-mail.
You can also electronically fill in and submit the model cancellation form available here or via any other clear statement. If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation on a durable medium (e.g. by email) without undue delay.
Once you have notified us that you are cancelling your order, we will reimburse all payments received from you in respect of such cancelled order as soon as possible and in any event within 14 days of your cancellation. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have agreed otherwise.
YOU ACKNOWLEGE AND AGREE that if you consent to 7digital supplying you with your purchases during the Cooling-off Period, you will not have a right to cancel the order.
9 OTHER RIGHTS, REMEDIES AND REFUNDS
9.1 Irrespective of the waiver of your cancellation rights as set out in clause 8 above, where any Content purchased and accessed is defective, 7digital will, where possible, supply the Content again and where the Content continues to be defective, a refund will be offered.
9.2 If you have paid to use the Services and we terminate the Services (or any part) without cause or materially downgrade the functionality of the Services (or any part), we will provide you with a pro-rata refund of any payment made for those Services (or part of the Services).
10 INTERNATIONAL USE
Content and the Services may be restricted by territory. Where required, to conclude the purchase of any such restricted products, you will be required to provide a billing address in the relevant territory. You agree not circumvent any territorial restrictions in place on the Services or provide false billing information.
11 WARRANTIES AND LIMITATION OF LIABILITY
11.1 7digital promises to provide the Services with reasonable skill and care and substantially as described in these Terms of Service.
11.2 To the maximum extent permitted by law, 7digital does not make and expressly disclaims any other promises, warranties or representations of any kind about the Services, any products supplied or its performance of its responsibilities in these Terms of Service, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
11.3 If we fail to comply with these Terms of Service, we are responsible for direct loss or damage you suffer that is a reasonably foreseeable result of our breach of these Terms of Service or our negligence, but we are not responsible for any loss or damage that is not a reasonably foreseeable consequence of such main loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
11.4 As stated in clause 6.4 we only supply the products for domestic and private non-commercial use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.5 We do not in any way exclude or limit our liability for:
i) death or personal injury caused by our negligence;
ii) fraud or fraudulent misrepresentation;
iii) any breach of the terms implied by section 12 of the Sales of Goods Act 1979 (title and quiet possession);
iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
v) defective products under the Consumer Protection Act 1987; and
vi) any other liability that that cannot be limited or excluded by applicable law.
11.6 Advice about your legal rights is available from your local Citizens’ Advice Bureau of Trading Standards office.
12 EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in clause 12.2.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public and private telecommunications networks.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
i) we will contact you as soon as reasonably possible to notify you; and
ii) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us here.
13 THIRD PARTY BENEFICIARIES
7digital’s licensors are intended third-party beneficiaries of these Terms of Service and shall have the right to enforce them against you.
14 GOVERNING LAW
These Terms of Service and all matters arising and connected with them (including but not limited to any non-contractual obligations) shall be governed by and construed in accordance with the laws of England. Each Party agrees that the courts of England have non-exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms of Service (including, without limitation, in relation to any non-contractual obligations). However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland and, if you are a resident of Scotland, you may also bring proceedings in Scotland.
If any provision of these Terms of Service be held invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
In the event these Terms of Service are translated into other languages and there is a discrepancy between the two language versions, this English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
17 CHANGES TO THESE TERMS
7digital reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice due to changes to our Services and /or the laws that apply to us and you. If we do this, we will post the amended terms on this page and will indicate the effective date at the top and in some cases, where appropriate, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification to the primary address associated with your user account).
If you do not agree to (or cannot comply with) the Terms of Service as amended, you may deactivate your account and stop accessing the Services without penalty by contacting us at firstname.lastname@example.org. You are responsible for regularly reviewing these Terms of Service on our Services and for checking your primary email address registered with us so that you will be apprised of any changes. Every time you access the Service, the Terms of Service in force at the time of your access will apply to the Contract between you and us. Your continued access of the Services after any such changes constitutes your acceptance of the amended Terms of Service.