Songza Terms of Service
1 July 2014
Applicable Terms. By using digital content on Songza, you agree to the following terms, in addition to the Google Terms of Service ("Google ToS") and the Google Play Business and Program Policies (found at http://play.google.com/about/android-developer-policies.html), all of which together are the “Terms”. If there is any conflict between the following terms and the Google ToS, the following terms shall prevail. Google's provision of Songza and the services described in these Terms is a “Service” as defined in the Google ToS. These Terms apply to the provision of digital content from Songza.
Access to Songza Product. You may use Songza to stream, browse, recommend and access “Products” (defined as a variety of digital music and music-related content such as data files, applications, written text, mobile device software, music, audio files or other sounds, photographs, videos or other images), for your mobile, computer or other supported device (“Device”). Some of these Products may be offered by Google while others may be made available by third-parties not affiliated with Google. You agree that Google is not responsible for any Product on Songza that originates from a source other than Google or Songza. Certain Products may be accessible to you by purchasing (or receiving a free trial of) a subscription to a music subscription service made available via Songza. Products may be owned by Google or its third-party partners and licensors and may contain watermarks or other embedded data.
Age Restrictions. In order to use Songza you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use Songza. You must not access Songza or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Products under the laws of the country in which you are resident or from which you access or use Songza.
2. Google’s provision of Songza
Payment Processing. Google may make available to you various payment processing methods to facilitate the purchase of Products or Services from Songza. You must abide by any relevant terms and conditions or other legal agreement, whether with Google or a third party, that governs your use of a given payment processing method. Google may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any Products that you order and that Google may charge your credit card or other form of payment that you indicate for any Products or Services ordered, along with any additional amounts (including any taxes). You agree that you are solely responsible for all fees associated with purchases you make on Songza.
Taxes. You are responsible for any Taxes, and must pay Google for Products without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Google with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to Google, you must provide Google with an official tax receipt or other appropriate documentation to support such payments. "Taxes" means any duties, customs fees, or taxes (other than Google's income tax) associated with the sale of Products, including any related penalties or interest.
3. Your Use of Songza
Basic Use Requirements. To use the Service, you will need a Device that meets the system and compatibility requirements for the relevant Product, which may change from time to time, working Internet access, and compatible software. Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility.
Third-Party Fees. You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of Products and Songza. For instance, you may incur such fees if you use services provided through Songza on or through third-party services or devices. You are responsible for all such fees.
Updates. You may need to install updates to Songza or related Google software that we introduce from time to time to use Songza and to access or download Products. Products originating from Google may communicate with Google servers from time to time to check for available updates to the Products and to the functionality of Songza, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By using Songza and installing these Products, you agree to such automatically requested and received Updates.
Information about You. In order to access certain services in Songza, you may be required to provide information about yourself such as your name, address, and billing details. Google’s privacy policies explain how we treat your personal data and protect your privacy when using Songza. You agree that any such information you provide to Songza and/or Google will always be accurate, correct and up to date.
Unauthorized Access to Accounts. You must keep your user details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Songza and/or Google, including account names.
Disabled Accounts. If Google disables access to your account, you may be prevented from accessing Songza, your account details or any files or other Products that are stored with your account.
Cancellations. If you purchase an auto-recurring periodic subscription (whether weekly, monthly, annual or another period) to a Songza, you may cancel that subscription at any time before the end of the applicable billing cycle, and the cancellation will apply to the next period. You will not receive a refund for the current billing period, except in the event of a defective product (as set forth in section 5 below), or as otherwise set forth in these Terms.
Price Changes. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the Songza later increases the price of the subscription, Google will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days' prior notice before the charge is made. If you are given less than 10 days' prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a subscription, you may cancel the subscription and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period.
5. Rights and Restrictions
License to Use Products. All rights, title and interest in Songza and Products not expressly granted to you in these Terms are reserved by Google and its licensors.
Violation of License Terms. If you violate any of the terms and conditions of the Terms, your rights under this license will immediately terminate and Google may terminate your access to Songza, the Products and/or your Google account without notice and without refund to you.
No Public Performance. You agree not to display content contained in Products in whole or in part as part of any public performance or display even if no fee is charged (except where such use would not constitute a copyright infringement). Use of a tool or feature provided as an authorized part of Songza (for example, “Social Recommendations”, as defined below) is permitted, provided that as you use the tool or feature as specifically permitted and only in the exact manner specified and enabled by Google.
Sale, Distribution or Assignment to Third Parties. You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign your rights to Products to any third party without authorization, including with regard to any downloads of Products that you may obtain through Songza. Use of any tool or feature provided as an authorized part of Songza (for example, “Social Recommendations”) shall not violate this provision so long as you use the tool as specifically permitted and only in the exact manner specified and enabled by Google.
Capturing of Streams. You may not use Songza or any Product in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Product that is presented to you in streaming format.
Sharing. You may not use Products as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner specified and enabled by Google (for example, through “Social Recommendations”).
Security Features. You may not attempt to, nor assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect, obfuscate or otherwise restrict access to any Product or Songza. If you violate any security feature, you may incur civil or criminal liability.
Proprietary Notices. You may not remove any watermarks, labels or other legal or proprietary notices included in any Product, and you may not attempt to modify any Products obtained through Songza, including any modification for the purpose of disguising or changing any indications of the ownership or source of a Product.
Defective Products. Once a Product is available to you through your account, you should check the Product as soon as reasonably possible to ensure that it downloads or streams correctly (as applicable) and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect.
Multiple Accounts. If you have multiple Google accounts with different user names, in some cases you may transfer Products out of an account and into another account, provided you are the owner of each such account and provided Google has enabled a feature of the relevant service allowing such transfers.
Limits on access on Devices. Google may at any time place limits on the number of Devices and/or software applications you may use to access Products, at Google’s discretion. Google may record and store the unique device identifier numbers of your Devices in order to enforce such limits.
Dangerous Activities. NONE OF THE PRODUCTS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Changes to these Terms.
If these Terms change, you will be asked to accept new terms before you next purchase Products. Once you have accepted the new terms, they will apply to your use of all Products (including Products you have purchased in the past) and all subsequent purchases, until we notify you of further changes.
If you refuse to accept the updated terms then Songza and Google reserve the right to either (1) block or deny your access to Songza and/or any Songza Products through Songza, or (2) continue to allow you to use and access Songza and/or any Songza Products in which case the latest version of these Terms that you accepted will continue to apply to your use of Songza and the Songza Products.
6. Additional Terms
Other Google Subscription Services. You may receive access to a Songza subscription as part of a subscription to another Google product; additionally, you may receive access to other Google subscription products as part of a Songza. Your use of Songza and any Songza music subscription product is governed solely by these Terms, and not the terms of any other Google product.
Social Recommendations. When you use Songza, you may be given the opportunity to share all or a portion of the Products to your profile on Google+ or other Google-approved social networks or online destinations, as determined by Google in its sole discretion ("Social Recommendation "). Your use of Social Recommendations shall be subject to the Terms and any other terms and conditions applicable to the social networks or online destinations to which you share such Social Recommendations. Google may impose limitations on your Social Recommendations. For example, Google may render the Product associated with any Social Recommendation as a limited-length preview rather than a full-length play.
Geographic Restrictions. The Products are currently available only in some countries. You agree that you will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported country, and you will not attempt to circumvent any restrictions on access to or availability of the Products.
Third-Party Provisions. Notwithstanding anything to the contrary in these Terms, the third parties who license their musical or other content to Google as roducts or for other use in connection with the Songza (including Providers in the case of Agency Sales) are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their content (“Third-Party Provisions ”), and solely for the purpose of enabling such third parties to enforce their rights in such content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.