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Napster Service Terms of Use : Rhapsody International
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Last Updated: January 2021
This Terms of Use Agreement (“Agreement”) is a legally binding and valid agreement between you (“you” and “your”), Napster Group PLC, and either Napster Luxembourg S. à r. l. (if you live in Europe), Napster do Brasil Licenciamento de Música Ltda. (if you live in Brazil), Napster K. K. (if you live in Japan), or Rhapsody International Inc. (if you live anywhere else), (collectively, and with their affiliates, subsidiaries, and assigns, “Napster, ” “our, ” “us, ” or “we”). Napster provides various products and services, including mobile and web-based applications for electronically distributing, downloading, and streaming music (collectively, the “Services”). This Agreement governs your rights and obligations with respect to your use of and access to the Services.
In certain situations, we make the Services available through partners, including mobile carriers, device manufacturers, app stores, and others (“Partners”). If you have subscribed to or accessed the Services by means of one of our Partners, this Agreement is in addition to any agreement you may have with that Partner, and Napster may provide the Services to you on behalf of the Partner. This Agreement applies regardless of whether your billing relationship is directly with Napster, or with a Partner.
Please note that special terms may apply to you depending on the jurisdiction where you reside or happen to be while accessing or using the Services, or the Partner through which you access the Services. These special terms, which may be different from the generally applicable terms in the main body of this Agreement, are found at the end of this Agreement in Section 13.
This Agreement is in addition to the Napster
Privacy Policy
and the Napster
End User License Agreement, both of which are incorporated herein by reference, and all of which together constitute one agreement whose terms bind and apply to you when you have accepted them. In the event of any conflict or inconsistency between the provisions of this Agreement and the Privacy Policy or the Napster End User License Agreement, the provisions of this Agreement shall control and govern, followed by those of the Napster End User License Agreement, then the Privacy Policy.
By accessing and using the Services, or through your express agreement when requested, you accept this Agreement and you acknowledge and agree that you have read it, that you understand it, and that you consent to be bound by all of its terms and conditions. You represent that you are a resident of a jurisdiction in which the Services are available, and that you have the power to enter into this Agreement (see the Minimum Age requirements below).
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.
Table of Contents
Accessing and Using the Services
Requirements for Access
Registration and Your Account
Minimum Age
Your Profile
Posting User Content
Community Guidelines
Abuse
Use of the Services While Driving
Subscriptions, Purchases, Trials, and Payment
Subscriptions
Non-Subscription Purchases
Free Trials
Family Plan
Special Promotions
Cancelling Your Subscription
Termination by Napster
Subscription Changes
No Refunds
Methods of Payment
Late Payments
Taxes
Payment Method Authorization
Modifications to Fees of Billing Terms
Customer Service
Billing and Payment Issues
Other Issues
Intellectual Property Rights
Copyright Infringement
Interruptions and Modifications to the Services
Disclaimer of Warranty
Limitation of Liability
General
Subscriptions through a Partner
Indemnification
Changes to this Agreement
Dispute Resolution and Arbitration
Applicable Law
Final and Binding Arbitration
Arbitration Process
Arbitration Fees and Awards
Class Action Waiver
Prior Negotiations
Exceptions to Arbitration
Severability
Territory- and Partner-Specific Information
BMW
Brazil
California
Europe
Some of Napster’s Services require a subscription and recurring payment over a specific length of time (e. g. a week, a month, or a year) in order to maintain access to the Services. Other Services may require non-recurring payments to access certain features. Other Services may not require payment from you at all. The available features depend upon the specific Service or tier of Service you use, and will be communicated to you as part of the sign-up or on-boarding process, or built into the software that allows you to access the Services. You may sign up for the Services through one of our Partners, in which case you may be subject to a separate agreement with that Partner, and may be required to make payment (including payment for the Services) directly to the Partner. Many functions of the Services require access to the Internet, and any associated connectivity or data charges are your sole responsibility. You may only use the Services for your personal, non-commercial use.
Some of the Services require you to obtain a Napster account by completing a registration process either on our website or on one of our mobile apps. If you provide us with required or optional personal information during any applicable registration process, this information must be true, accurate, current, and complete. You may change any of your account information, including your payment method, at any time, and are obligated to update it if it changes. The Napster
governs all information you provide to us, whether during the registration process or during your access and use of the Services. If you provide us with a payment method, such as a credit card, you represent that you are authorized to use it.
If we suspend or terminate your account, you cannot create another one without our permission. You are solely and entirely responsible for maintaining the confidentiality of your account credentials and for any and all activities that occur under your account. If your account includes sub-accounts (such as for a family plan), you are responsible for payment and compliance with this Agreement for all sub-accounts associated with your account, regardless of who is actually using the sub-accounts. If you believe someone has used your account without your authorization, you should
inform Napster
and set up a new password.
You must be at least 18 years old or the age of majority in the territory where you reside (whichever is higher) (the “Age of Majority”) to accept this Agreement and create an account without the prior consent of a parent or legal guardian (“Parental Consent”), and at least 13 years old (or the legal minimum to enter into contracts with the consent of a legal representative in the territory where you reside, whichever is higher) (the “Minimum Age”) to accept this Agreement and create an account with Parental Consent. If you are a parent or guardian of a dependent who is above the Minimum Age but below the Age of Majority, and thereby not old enough to accept this Agreement and create an account, you may accept the terms of this Agreement and create an account on behalf of your dependent. In that case, you agree to take responsibility for the actions of your dependent, the charges associated with your dependent’s use of the Services, and your dependent’s compliance with this Agreement. YOU AGREE TO TAKE STEPS AS ARE APPROPRIATE TO ENSURE SUCH COMPLIANCE AND WILL INDEMNIFY AND HOLD NAPSTER, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS PARTNERS HARMLESS FROM ANY BREACH OF THIS AGREEMENT.
When you register for the Services, you are assigned a user profile, which you may use to organize your favorite music, discover new music, and interact with other users. Certain tiers of the Services may allow for more than one profile per account. You may customize your profile by adding a name, photo, or other information to it. Depending on the privacy settings you choose, your profile may be publicly discoverable and accessible to others (including people who do not use the Services), or it may be private and hidden from others. The Napster
has more details about the privacy settings for your profile, including the default status, and how we use the information you provide when customizing your profile. It is your responsibility to be aware of and control the privacy settings for your profile. You may also be able to link your Napster profile with other third-party social networks and, for example, post information from your Napster profile to those networks; the terms applicable to those networks govern your use of them. You are responsible for the content of your profile and any information you post to third-party social networks.
You are solely responsible for all profile information, data, messages, images, playlists, playlist names, links, communications, images, files, or other materials (collectively “User Content”) you create, post, or otherwise add to the Services. Napster’s uses of any User Content shall be governed by the Napster
Privacy Policy, and more information is available there about how to control who sees the User Content you post. Napster is not liable to you for any third-party claims arising from User Content you post on the Services, and you agree to indemnify Napster for such claims pursuant to Section 9 below.
By posting User Content, you represent that you control the relevant rights to it, and that it does not violate any privacy, publicity, technical, commercial protection, or intellectual property rights of any party, or any applicable law regarding competition, content, or youth protection. Napster is not liable to you for any claims of infringement of intellectual property rights or other third-party rights arising out of or in connection with any User Content that you post, and you hereby agree to indemnify Napster in accordance with the terms of Section 9 below, for any such intellectual property and/or third-party claim. You grant Napster a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, transferable license to use, display, reproduce, make available to the public, distribute, create derivative works of, modify, translate, delete, or publish all User Content you post (in whole or in part), and a similar license to use for promotional or commercial purposes all User Content you post and make available publicly, without any obligation to make any payment to you or others or to give you credit, for so long as such User Content remains on the Services. Napster does not make any claim of ownership to any User Content you post.
You must be respectful of others within the Napster community. You agree that you will not post any User Content that falls into any of the following categories: (a) commercial communications (including, but not limited to, spam, multi-level marketing schemes, or unauthorized advertising); (b) viruses or other malicious, harmful, troublesome, or nuisance code that interferes with another user’s ability to use the Services; (c) solicitation of other users’ login information or account access; (d) content that is abusive, defamatory, hateful, threatening, intimidating, harassing, indecent (including, but not limited to, pornography), fraudulent, misleading, illegal, or violent; (e) content that could disable, overburden, or impair the proper working or appearance of the Services or other third-party services, such as a denial of service attack or interference with page rendering or streaming or other functionality; (f) content that facilitates or encourages violation of this Agreement or Napster’s other policies; (g) content that impersonates another person (including a recording artist, record label, or music publisher) or is designed to deceive others about the source of the information; (h) content that is associated with attempts to decipher, decompile, or reverse engineer any of the software used to provide the Services; (i) content that encourages or enables any other individual to do any of the foregoing; or (j) content that is, encourages, or makes up part of anything that is, otherwise unlawful ( collectively, the “Prohibited Content”).
Posting of any material that Napster deems, in its sole discretion, to be Prohibited Content or objectionable in any way, may result in immediate removal of the Prohibited Content and immediate suspension, termination, or permanent deletion of your user account and User Content. Napster is not responsible for any loss of personal data resulting from termination or permanent deletion of your account. If you have posted Prohibited Content more than twice, you will be deemed a repeat offender, and Napster may, in its sole discretion, permanently block your access to the Services.
Napster reserves the right, in its sole discretion, to review, edit, restrict, remove, or otherwise approve any User Content, but Napster is under no general obligation to preventatively monitor or remove any User Content. To the extent Napster does monitor or remove User Content, the fact that Napster engages in such monitoring or removal shall not be deemed to make Napster responsible for or aware of any User Content. Napster is not responsible for User Content, nor does it endorse any User Content. If you believe any User Content to be inappropriate, please report abuse by contacting
or by following other instructions we may provide, but Napster is under no obligation to remove even reported inappropriate User Content.
Napster uses monitoring procedures designed to prevent individuals from unfairly influencing charts or Napster’s accounting of plays through the Services. Napster reserves the right to remove any identified or suspected “gaming” plays on the Services both for royalty accounting and charting purposes and to suspend or cancel the account of any user suspected of such “gaming. ”
We may, in our sole discretion, remove, disable, edit, and monitor any User Content from the Services for any reason without notice to you or any other user. Violation of any of the terms of this Agreement or the Napster
End User License Agreement, including the foregoing restrictions on User Content, may, in Napster’s sole discretion, result in the suspension or termination of your account. Napster reserves any and all available rights or remedies. In the event that you violate such terms, and you are (or are acting for the benefit of) a provider of content that appears within the Services, such breach may also result in the removal of such content from the Services and the withholding of royalties related to such content.
Always drive alertly and in accordance with road conditions and applicable traffic laws. Any direct interaction with the Services (including, but not limited to, searching for content, selecting content to play, and interacting with other users) is prohibited while driving. If you wish to interact with the Services while driving, you must first stop your vehicle in an appropriate and legal manner and place. You acknowledge that it is your responsibility to comply with all applicable laws when you use the Services in any way while driving, and that your use of the Services in any way while driving is entirely at your own risk. NAPSTER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGE, INJURY, OR ANY OTHER DAMAGE, LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COST, EXPENSE, OR PAYMENT, EITHER IN TORT, CONTRACT, OR ANY OTHER FORM OF LIABILITY, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE WHILE DRIVING.
Many of the Services are offered on a subscription basis. In exchange for a periodic payment from you (the amount and currency of which is determined based on the specific Services you choose as well as your jurisdiction of residence), you have access to the Services to which you subscribed for a defined period of time (e. g., a week, a month, or a year). Unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term for the same period of time. When your subscription automatically renews, your payment method (such as a credit card) will be charged our then-current fees for the applicable subscription on your Billing Date (as defined below). However, if the subscription fee has increased, we will provide at least 30 days’ prior notice through email or in-app messaging. Your “Billing Date” is the date on which we periodically charge your preferred payment method (e. g., on a particular date each month for a monthly subscription; on the anniversary for an annual subscription, etc. ). If your normal Billing Date does not exist in a particular month because there are fewer than 31 days in that month, your Billing Date that month will be the last day of the month. If we are unable to successfully charge you for your subscription payment (for example, due to an expired credit card), your subscription will be terminated as of your Billing Date (although you may, of course, provide a new payment method and resume your subscription at any time). If your subscription to the Service is billed through a Partner, your Billing Date will be determined according to the Partner’s policies.
Some of the Services may allow you to make individual purchases of content or features offered as part of the Services or of credits that may be used to unlock content or features. These purchases are separate and distinct from subscriptions, and you may not be required to have a subscription in order to make such purchases, although you may be required to register for an account with Napster. These purchases may be presented as “in-app purchases, ” wherein the purchase is managed and processed not by Napster, but through the app store (such as iTunes or Google Play) where you acquired the Napster app. Napster will make reasonable efforts, within the parameters offered by the app stores, to make you aware when you are about to incur a non-subscription charge, but Napster is not obligated to do so and hereby disclaims any such obligation. These purchases do not give you ownership of any content. Credits may also be granted to your account without any purchase on your part, based on your activity within the Services. Purchased credits will be redeemed before granted credits.
Napster may offer you a free trial period during which you can try out the Services for free (a “Free Trial”). Napster has complete control over the parameters of Free Trials, but they will be communicated to you clearly upon registration. Your Free Trial may be combined with another offer, such as a discounted price for the first month or two of a subscription after your Free Trial. We have sole discretion to determine your eligibility for a Free Trial. Some Free Trials may be based on a number of plays rather than a period of time.
Some Free Trials of subscription-based Services require that you provide us with a payment method prior to initiating the Free Trial. In such cases, you agree that if you have not cancelled your subscription prior to the expiration of your Free Trial, your registered payment method will be automatically charged and your subscription will begin on the first day after the expiration of your Free Trial. If you do cancel your subscription prior to the expiration of your Free Trial, your Free Trial will continue until its designated expiration, but you will not be charged. If your Free Trial does not require you to provide a payment method, you will lose your free access to the Services at the expiration of the Free Trial unless you register for a subscription during the Free Trial, in which case, your payment method will be charged and your subscription will begin on the first day following the expiration of your Free Trial.
The Napster Family Plan shall be considered part of the Services and subject to the Napster Terms of Use.
The Napster Family Plan grants the primary account holder and up to five family members access to subsidiary accounts to the Napster Family Plan service from the moment that you activate the master account by submitting your user account information and payment details. By submitting your user account information and payment details, you (i) consent to Napster using your user account information and payment details in accordance with our Privacy Policy, and (ii) acknowledge and agree to the terms and condition of this section. The primary account holder may add or cancel subsidiary accounts.
In order to be eligible for the Napster Family Plan, the primary account holder and the subsidiary account holders must be family members residing at the same address. The subsidiary account holders will be asked to verify this upon activation.
Napster reserves the right to terminate or suspend access to the Napster Family Plan at any time pursuant to the Napster Terms of Use or if you fail to meet the eligibility criteria. Upon cancellation of your family plan account you will receive an offer from Napster to activate other Napster Services.
If you are a holder of a Napster Premier account, by joining the Napster Family Plan you acknowledge and agree that no refunds are available for changing from your current Premier plan before the end of your paid subscription period. You will switch immediately to the Napster Family Plan service and your access to the Premier service will remain uninterrupted.
Napster may offer you a Free Trial of the Family Plan service. If you have subscribed to a Free Trial of any of the Services within the previous 12 months, you will not be eligible to receive a Free Trial of the Napster Family Plan service. For the avoidance of doubt, subsidiary account holders who activated their accounts during a Free Trial period are still eligible to subscribe to a Free Trial within a 12 month period.
If you are currently subscribed to the Napster family plan Service that was made available before December 16, 2020 and wish to sign up to the new Napster Family Plan Service, please contact Napster customer support at
Occasionally, we may offer the chance to participate in sweepstakes, contests, surveys, and special offerings (“Special Promotions”) through the Services. Special Promotions may be governed by terms and conditions that are separate from this Agreement. If the provisions of a Special Promotion’s terms and conditions conflict with this Agreement, those separate terms and conditions shall govern the Special Promotion unless expressly stated otherwise.
If you subscribe to the Services directly through Napster, you may cancel your subscription at any time. Instructions on how to do so are available on our website and mobile apps, or you may contact
If you cancel your subscription, you will still have access to the Services until the end of the then-current subscription period for which you had previously paid (e. week, month, or year). At that point your subscription will end and your payment method will no longer be charged. If you are using the Services without a subscription, you may stop using them at any time. Napster will not provide any cash refund for any payment you have made for subscriptions, credits, or other purchases unless required to do so by applicable law.
If you subscribe to the Services through a Partner, you must contact the Partner to cancel your subscription, as that Partner may have additional terms and conditions that govern your termination (for example, your access to the Services may be tied to your access to telephone service provided by the Partner).
We will continue to maintain your account after the termination of your subscription, so you can continue to access your information, such as your playlists, and use any free Services we may offer. You may also re-subscribe at any later time, and your information will be right where you left it. You have the right to request that we permanently delete all personally identifiable information associated with your account. To make such a request, please contact
We, in our sole discretion, with or without prior notice, and regardless of any agreement you may have with one of our Partners through which you access the Services, may freeze or terminate your account, user name, password, user profile, or use of the Services for any reason, including, without limitation, if we believe that you have infringed upon any rights of another, including intellectual property rights, or violated or acted inconsistently with the letter or spirit of this Agreement, the Napster
Privacy Policy, the Napster
End User Licence Agreement, applicable law (including copyright infringement), or for any other reason.
We may also, in our sole discretion and with or without prior notice, modify or discontinue the provision of any of the Services, or may terminate your access to the Services for convenience. You will be entitled either to continued access to the Services until the end of your then-current billing period, or to a pro-rated refund for any unused period for which you have previously paid, at our discretion. Napster will not be liable to you or any third party for any interference or termination of your access to the Service. If we terminate your access to the Services, we will notify you as soon as possible.
We offer various tiers of the Services, with different features and prices for each. Unless restricted by the Partner through which you access the Services, you may change your Service tier at any time through our website or mobile apps, or by contacting
Any upgrade or downgrade will be effective immediately, and you will be awarded a credit in the pro-rated amount that you have already paid for the period remaining on your current billing period. Your Billing Date will change, and you will be immediately charged for any fees for your new tier of service in excess of any credit you have been awarded. Your credit will continue to be used up until your credit balance is zero, at which point your payment method will be charged.
All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the subscription term during which you terminate your subscription, are non-refundable, except as provided herein. Termination of your subscription shall not relieve you of any obligations to pay accrued and outstanding charges. However, except in unusual circumstances such as fraud or severe violation of the terms of this Agreement, you will be entitled to use the Services for the period for which you have paid in advance, even if you terminate your subscription early.
We will provide a summary of any transaction that requires payment before you are obligated to pay. Review the summary carefully and correct any errors you find before finalizing your request.
All payments processed by Napster must be made by an approved payment method, such as a credit card, which will be indicated at the time you provide your payment method. We do not accept cash or checks. As between you and Napster, you are responsible for paying any amounts for services billed to your payment method by a third party who had access to your payment method (including your credit card number), whether or not such amounts were authorized by you. You agree to pay all fees and charges incurred in connection with your account (including any applicable taxes) at the rates in effect when the charges were incurred. If Napster does not receive payment from your payment method issuer or its agent, you agree to pay all amounts due upon demand by Napster.
If you access or subscribe to the Services through one of our Partners, your direct billing relationship will be with that Partner, not Napster. Charges for in-app purchases will be made by the applicable app store, not by Napster. In these cases, you should consult the terms of the applicable Partner for additional information about payments. Napster disclaims any responsibility or liability for the processing of any of these purchases.
Your account may be deactivated without notice to you if payment is past due, regardless of the amount of money that you owe. You agree to pay any outstanding balance in full within 30 days of cancellation or termination of your subscription.
Unless stated otherwise, if you subscribe to the Services in the United States or Canada, prices exclude all applicable taxes, and outside of the United States and Canada, prices include all applicable taxes. Napster collects any applicable taxes at the rate in effect at the time your transaction is completed. Contact
if you believe your transaction is exempt from tax.
Napster may seek authorization of your payment method to validate your ability to pay the applicable fees prior to the first purchase by making a small charge that may reduce your available credit by the authorization amount until your bank’s next processing cycle. Napster may validate your name, address, and other personal information you provide during the registration process against the databases of appropriate third parties, including, without limitation, registered credit reporting and fraud-prevention agencies, which may keep records of this type of information. Accepting this Agreement and the Napster
and
End User Licence Agreement
means you consent to this verification.
Modifications to Fees or Billing Terms
At any time, Napster may change the fees and/or billing methods applicable to any of the Services. We will give you at least 30 days’ notice (by email or in-app notification) prior to the effective date of any such change applicable to a subscription for which we automatically charge your payment method each billing period. If any such change is unacceptable to you, you may terminate your subscription by contacting
Your continued use of the Services following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.
If you subscribe to or access the Services directly through Napster, Napster is solely responsible for billing and payment issues related to your account. Contact Napster customer service at
If your access to the Services is billed through one of our Partners, that Partner is solely responsible for billing issues related to your subscription, and you should contact them for customer service related to billing and payment issues.
Regardless of who maintains your billing relationship, Napster is responsible for all customer service issues other than billing and payment, including technical help and issues related to your account. Contact Napster customer service at
The Services, including the available content, our web sites, and our mobile applications (collectively, the “Content”), are the property of Napster or its licensors and are protected by copyright and other intellectual property laws. Except as expressly provided in this Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, trademarks, or moral rights with respect to the Services or the Content. Napster and its licensors reserve all rights not expressly granted under this Agreement. Except as necessary to use the Services, you agree not to (i) reproduce, record, retransmit, redistribute, disseminate, sell, rent, lend, broadcast, make available, communicate to the public, publicly perform, adapt, sub-license, circulate to any third party, or create derivative works of the Content, (ii) use any automated system for the selection, download, streaming, or electronic distribution of Content, or (iii) exploit the Content for commercial purposes. Because the Services are designed for personal use, you are not allowed to use any automated system for the selection, download, streaming, or electronic distribution of files.
You agree to indemnify and hold Napster harmless for any claims of infringement of intellectual property rights or any other third-party rights related to your account or User Content you post, in accordance with the terms of Section 9 below.
We respect the intellectual property rights of our artists and content providers. If you are a copyright holder who believes that any content available on the Services infringes upon your rights, please let us know. Notice of alleged copyright infringement should be sent to Napster’s designated copyright agent at the following address (email is preferred):
or
Legal Department
Rhapsody International Inc.
1411 4th Avenue, Suite 1200
Seattle, Washington 98101 USA
A notification of claimed copyright infringement must be addressed to Napster’s copyright agent listed above and substantially include the following:
A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright t
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Frequently Asked Questions about www napster com help
How do I contact Napster customer service?
Contact Napster customer service at [email protected]. If your access to the Services is billed through one of our Partners, that Partner is solely responsible for billing issues related to your subscription, and you should contact them for customer service related to billing and payment issues.
How do I cancel Napster subscription?
You may cancel your Napster subscription by visting account.napster.com and clicking Cancel Subscription at the bottom of the account summary. If you know your current password, login to account.napster.com with your username and password.
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Changing your payment method- Head to you Account Management page at account.napster.com.- Click Billing Information.- Click ‘Edit’ next to Billing And Payment Information and enter your new billing details.
