Terms of Service

The following terms and conditions govern all use of the Playmysong.com website, mobile internet site and mobile applications, including, but not limited to, the Playmysong application (“Application”), (taken together, the Service). The Service is owned and operated by Playmysong Oy Ltd. (“Playmysong”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Playmysong’s Privacy Policy) and procedures that may be published from time to time on this Site by Playmysong (collectively, the “Agreement”).

You can read Playmysong’s Privacy Policy from here.

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any service interfaces. If these terms and conditions are considered an offer by Playmysong, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.

Your Service Account

If you create a profile on the Service, you are responsible for maintaining the security of your account and activities, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the activity. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Playmysong may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Playmysong liability. You must immediately notify Playmysong of any unauthorized uses of your profile, your account or any other breaches of security. Playmysong will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

By signing up or logging in to Playmysong by using your Facebook, or other 3rd party service, account credentials, you give Playmysong the permission to create a Playmysong account based on the username you have in the service you used to log in or sign up to Playmysong. You may change your username anytime from Playmysong website’s edit profile page.

Responsibility of Contributors

If you operate an an Application or use the Service, create locations, sync music to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, public broadcasting, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your profile, including associated locations, is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your profile, including associated locations, is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile’s or location’s name is not the name of a person other than yourself or company other than your own; By submitting Content to Playmysong for inclusion on the Service, you grant Playmysong a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, Playmysong will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Playmysong has the right (though not the obligation) to, in Playmysong’s sole discretion (i) refuse or remove any content that, in Playmysong’s reasonable opinion, violates any Playmysong policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Playmysong’s sole discretion. Playmysong will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Service Visitors

Playmysong has not reviewed, and cannot review, all of the material, including locations posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Playmysong does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Playmysong disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.

Content Posted on Other Services

We have not reviewed, and cannot review, all of the material, including music content, made available through the Services and webpages to which Playmysong.com links, and that link to Playmysong.com. Playmysong does not have any control over those non-Playmysong Services and webpages, and is not responsible for their contents or their use. By linking to a non-Playmysong Service or webpage, Playmysong does not represent or imply that it endorses such Service or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Playmysong disclaims any responsibility for any harm resulting from your use of non-Playmysong Services and webpages.

Copyright Infringement and DMCA Policy

As Playmysong asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Playmysong.com violates your copyright, you are encouraged to notify Playmysong in accordance with Playmysong’s Digital Millennium Copyright Act (“DMCA”) Policy. Playmysong will respond to all such notices on best effort basis, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Playmysong or others, Playmysong may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Playmysong will have no obligation to provide a refund of any amounts previously paid to Playmysong.

Provisions Regarding Spotify Core API integration

Playmysong, and not Spotify, is responsible for the Playmysong Application;

Features powered by Spotify Core API (hereinafter “API”) are provided “as-is,” without any warranties, and this expressly disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

You may not modify or create derivative works based on any part of the API;

You may not decompile, reverse-engineer, disassemble, and/or otherwise reduce the API to source code or other human-perceivable form, to the full extent allowed by law;

Ownership of the API and Service resides with Spotify;

Spotify is not liable for any interruptions in the Service as accessed via the Application;

Playmysong’s collection of data is subject to Playmysong’s privacy policy and not Spotify’s.

Intellectual Property

This Agreement does not transfer from Playmysong to you any Playmysong or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Playmysong. Playmysong, Playmysong, Playmysong.com, the Playmysong logo, and all other trademarks, service marks, graphics and logos used in connection with Playmysong.com, or the Service are trademarks or registered trademarks of Playmysong or Playmysong’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Playmysong or third-party trademarks.

Changes

Playmysong reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Playmysong may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Playmysong may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Playmysong.com account (if you have one), you may simply discontinue using the Service. Notwithstanding the foregoing, if you have subscribed for paid services, such account can only be terminated by Playmysong if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Playmysong’s notice to you thereof; provided that, Playmysong can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Service is provided “as is”. Playmysong and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Playmysong nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Limitation of Liability

In no event will Playmysong, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Playmysong under this agreement during the twelve (12) month period prior to the cause of action. Playmysong shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Playmysong Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Playmysong, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Privacy

By agreeing to these Terms of Service, you also agree to Playmysong’s Privacy policy, which is defined here.

Miscellaneous

This Agreement constitutes the entire agreement between Playmysong and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Playmysong, or by the posting by Playmysong of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of Finland,and the proper venue for any disputes arising out of or relating to any of the same will be in the district court of Helsinki, Finland (“Helsingin karajaoikeus” in Finnish) as the first instance. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Playmysong may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

These Terms Of Service is based on the Terms Of Service from Automattic/Wordpress (http://www.wordpress.com). We’d like to thank them for sharing this under the Creative Commons Sharealike license and most of all for the great software they develop!

Last updated: 24/1/2013