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END USER LICENSE AGREEMENT

Introduction and Interpretation

This is a legal agreement setting out the rights and obligations of Spa Music Stream ("we" or "us") and the businesses, individuals and other entities (“you” or “Licensee(s)”) who use our Service.  By registering as a Licensee, you accept that you are entering into a contract with us on the terms of this agreement.  You should be aware that this agreement may change from time to time in accordance with the “Changes to this agreement paragraph” below.

 

In this agreement, the following words and expressions have the meanings set out next to them:

 

“Music”

The sound recordings available through and delivered by means of our Service from time to time and the musical works (including words and lyrics) embodied in the sound recordings available through and delivered by means of the Service.

 

“Premises”

The place(s) of business, as identified in your Registration, at which you wish to use our Service.

 

“Tariff”

The License Fee that we charge for the use of the Service which is set at the amount and frequency of payments that you subscribed to when you first registered but that can be changed by us in accordance with the terms of this agreement.

 

“Service Period”

The period of time during which you are entitled to use our Service in accordance with your Registration, and the other provisions of this agreement.

 

“Software”

Any software or web application provided or used as part of the Service, including the player.

 

“Service”

The Service operated by us whereby we provide music or recordings by way of streaming, download or other means for use in commercially operated premises from time to time.

 

Service

The Service includes a non-exclusive license to play the Music at the Premises.  You acknowledge that the Music may change from time to time and that specific recordings may not be available throughout the entire Service Period.

Connectivity

From time to time, our Service may be unavailable. We cannot guarantee continuous access to our Service.  However, we will strive to ensure that the periods of planned and unplanned unavailability are kept to a minimum.

You acknowledge that for trouble-free streaming and downloading of the Music the Service requires each player device to have access to reasonable internet bandwidth (minimum 4Mb/s download) and that it is the Customer’s responsibility to provide this.  Failure to provide an uninterrupted internet connection to this standard may affect the Service, and extended outages may cause the Music to stop playing.

Software

The Software may not be copied or distributed, or used for any purpose other than using our Service in accordance with this agreement. You may not reverse engineer, decompile or disassemble any of the Software except to the extent expressly permitted by applicable law.  Third party software and associated documentation comprised in the Software is subject to the licensing conditions imposed by the proprietors of that software.

Whilst all reasonable care has been taken to avoid the transmission of viruses and to ensure that your use of our Service will not adversely affect your hardware, systems or data, you acknowledge that we accept no responsibility for any damage to your hardware, systems or data.

Restrictions

The license granted in this agreement relates solely to the performance of the Music at the Premises.  Nothing in this agreement gives you any rights in the Music or the right to do anything in relation to the Music other than play it at the Premises.  You expressly acknowledge that you shall not be entitled to make any changes to the Music (or any part or parts of it), or make any reproductions or copies of the Music or any part or parts of it except that, where the Music is made available to you for download as part of our Service, you may download the music solely for the purpose of enabling the Music to be played at the Premises.

 

You warrant that you will not use the Music or permit anyone else to use the Music in a way that implies that any artist or composer whose performance or composition is included in the Music endorses your products or the Services or those of any other party.

 

You warrant that you will not use the Music or any part of it a way which might reasonably be regarded as derogatory to any artist or composer whose performances or composition is included in the Music.

Data upload

You acknowledge and hereby give you permission for us to monitor the activity of the player(s) at your Premise(s) by way of automatic uploads of small encrypted data files from your players to the secure server network that supports the Service. The data we upload contains only details of Music and messages that have been played on which player(s).  We warrant that the data we upload from your player(s) will only be used by us and our partners to refine and optimize Music content, make declarations to performing rights organizations and artists for accounting or licensing obligations and advertising auditing purposes if appropriate.

Privacy Policy and Data Protection

Our privacy policy forms part of this agreement, and by making a Registration, you also give your consent to the way we may handle your personal data in that policy. The privacy policy can be found here.

Changes to this agreement

We reserve the right to change this agreement from time to time and post the new version on our website www.spamusicstream.com and the new version of these terms and conditions will take effect, and will govern our Service and your relationship with us:

(a)    beginning thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this agreement which is capable of adversely affecting you. If you do not wish to be governed by the new version of the agreement, you may notify us on or before the date when the new version of the agreement is to take effect that you wish to terminate the License Period with immediate effect, and from that date you must stop using our Service and we will refund you a proportion of the License Fee pro-rated on a daily basis for any part of the License Period (as effective prior to your notice under this paragraph) unexpired at the date of your notice; or

(b)   immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this agreement; or

(c)    in the case of changes to the Tariff, with effect from the date at which you next renew or extend the License Period.

Law

This agreement shall be governed by and construed in accordance with the laws of Ontario, Canada.