Subscriber Terms of Use

Please read these carefully.

INTRODUCTION

These are the terms and conditions (“Terms”) on which we, Ravepool Ltd (company number 15556991), supply services to you, whether via our website or via our mobile, tablet or other applications (if any) (together, our “Sites”).

Please read these Terms carefully as they govern your use of and access to our services for streaming music, including access to all our Sites (the “Services”) and any music or other content made available through the Services (the “Content”). By subscribing to or otherwise using the Services, you agree to be bound by these Terms. If you do not accept these Terms, you should not subscribe to or use the Services.

Who we are and how to contact us

Our Sites are operated by Ravepool Ltd ("we”, “our” or “us”). We are registered in England and Wales under company number 15556991 and have our registered office at Office One, 1 Coldbath Square, Farringdon, London, EC1R 5HL You can contact us using the contact information on our Sites.

Eligibility to access

The Services are provided to you (“you” or “your”) and you warrant and represent that you have the power to enter in a binding contract with us.

In order to use and access the Services, you need to be 18 or older, If the age requirements are not met, then the registration will not be processed.

You also warrant and represent that any registration information provided is, and will remain, true, accurate, and complete.

THE USE OF THE SERVICES

The Services options

You will have two options when accessing our Services. We provide a free-of-charge option where you will be able to browse the Content catalogue we offer as well as being able to get an extract of any specific track you are interested in.

The second option is for you to subscribe to our Services by paying a monthly fee (the “Unlimited Services”). This option will provide you with unlimited access to the Content, subject to the provisions of these Terms, and the ability to download any track and contact the artists (the “Artists”). This is subject to the acceptable usage provision below.

Creating an account

In order to use our Unlimited Services, you will be required to create an account with us with a username and password (“Log In”). Your Log In shall not be that of another person with the intent to impersonate that person and/or without that person’s authorisation; or constitute a name that is offensive, vulgar or otherwise obscene.

Your Log In is strictly personal and therefore shall be kept confidential. You will be solely responsible for the use of your Log In. However, you shall notify us immediately if your details have been lost, stolen, or if you have reason to believe that your account has been accessed without your authorisation.

We reserve the right to refuse the registration of, reclaim or require you to change, your Log In for any reason.

Your access to the Services

Subject to compliance with these Terms, we grant you a right to make personal and noncommercial use of the Services. This right is limited, non-exclusive and shall be revocable at our sole discretion should you breach these Terms. Your access will remain in effect unless and until either we or you terminate it.

You agree that use of our Sites and the Content is licensed, and not sold nor transferred to you.

You will therefore not redistribute or transfer the Services or the Content. We, or our licensors as applicable, remain the proprietors of the Services, Content and any intellectual property rights attached to the Services and/or Content.

We aim to provide you with the best immersive audio experience and use reasonable care and skill to keep our Services operational at all times. However, our Services’ availability may change from time to time due to, without limitation, changes in applicable laws or temporary interruptions due to technical difficulties.

We are under no obligation to provide any specific content through the Services and we, and the applicable owners, may remove tracks without notice.

Notwithstanding the above, if we have been notified that any of the Content is in direct violation of any third-party’s intellectual property rights, then we shall remove such Content and notify you of the infringement to urge you to stop using the track.

Acceptable usage

As described above, by subscribing to the Unlimited Services, you will have the option to download Content and contact Artists. However, repeated use of the Services is limited, and a warning can be delivered if we deem that you are overusing the Services (the “Warning”). Such overuse of the Services dilutes the remuneration received by each Artist, which goes against the principles of the services provided.

Following receipt of the Warning, if you keep overusing the Services, we reserve the right to terminate or otherwise suspend your access to the Unlimited Services for the remainder of the month, unless overruled at our discretion.

By subscribing to the Unlimited Services, you agree and acknowledge that you shall not use vulgar and/or inappropriate language when contacting the Artists. We reserve the right to terminate or otherwise suspend your membership if we deem that the messages you have sent violate these Terms.

Fees and cancellation

You may access our Unlimited Services by paying a subscription fee, as quoted on our Sites, payable on a monthly basis by way of third party payment processor, such as Paypal (the “Paid Subscription”). The Paid Subscription includes the price of the Services and Content plus any applicable tax.

If you purchase access to the Paid Subscription through a third party processor, separate terms and conditions with such third party may apply to your use of the Services in addition to these Terms.

You, as well as us, shall be entitled to cancel any subscription for the Services at any time.

Where you subscribe through the Paid Subscription, your subscription will commence on the date you take your subscription and will automatically renew each month until it is terminated by you or us. We may terminate or otherwise suspend your access to all or any part of the Services at any time, with or without cause and notice, with immediate effect. This may result in the forfeiture and destruction of all information associated with your membership, including, without limitation, any access to any Content you may have purchased through the Services. You shall be entitled to cancel your subscription by cancelling the direct debit for the Paid Subscription. The cancellation will take effect on the day you cancel the direct debit, and you will automatically be downgraded to the free version of our Services. We do not provide refunds or credits for any partial subscription periods.

Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in tax rate will be automatically applied based on the account information you provide.

All provisions of these Terms which should survive termination by their nature shall therefore survive termination. These include, without limitation, any ownership provisions, warranty disclaimers, indemnity and limitations of liability.

CHANGES

We may make changes to these Terms

We reserve the right to modify or replace any of the terms in these Terms, or change, suspend, or discontinue the Services. We may also impose limits on certain features of the Services or restrict your access to part or all of the Services without notice or liability for any reason. Any changes within the Terms will be notified on the Sites, or by sending you an e-mail and it is your responsibility to check these Terms periodically for any potential changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

We may make changes to the fees

We may from time to time change the price for the Paid Subscription and will communicate any price changes to you in advance on reasonable notice.

Any changes in the pricing will take effect on the next subscription period following the date of the price change. Your continued use of the Services following the notification of the price change constitutes acceptance of those changes. If however you do not agree to the price change, you can cancel your subscription prior to the price change taking effect.

We may make changes to the Sites

We may update and change our Sites from time to time to reflect changes to our Services or for any other reason and will provide you with prior reasonable notice.

Any of the above-mentioned changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or otherwise notified you of the relevant changes.

PRIVACY POLICY

We will collect and process information relating to you in accordance with the privacy policy which is accessible through https://www.ravepool.net/privacy.html.

We only use personal information as described in our privacy policy, such as for the purposes of providing you with an adequate service, improving our brand and our users’ experience.

GENERAL

Third party sites

As part of the Services, we may permit you to link to other websites or resources via the internet.

Other websites or resources may also contain links to our Sites and such websites are not covered by these Terms. You therefore access third party websites and resources at your own risk and agree that we are not and will not be responsible or liable for the content or otherwise legality of these websites or resources. You also agree that we shall not be liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of the links and general access to these websites or resources.

Warranty disclaimers

We will provide the Services to you using reasonable care and skill, however we have no special relationship with or fiduciary duty to you. Our Services are provided without any warranties of any kind, whether express or implied. You acknowledge and agree that we have no control over who gains access to the Sites; what effects the Content may have on you; how you may interpret or use the Content; and as a result what actions you may take following exposure to the Content.

We further make no representations or warranties that the Sites, Services or Content are free of malware or other harmful components. Furthermore, we make no representations in respect of and, we do not warrant or assume responsibility for any third party applications, user content, devices or any products or service advertised, promoted or offered by a third party.

You agree to release us from all liability for you having acquired, or not acquired, Content through our Sites and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites or the Services.

Limitation of liability

Nothing in these Terms limit or exclude our liability for (1) death or personal injury caused by our negligence; (2) fraud or fraudulent misrepresentation; or (3) any other liability which it is not legally permissible for us to limit or exclude our liability for.

You acknowledge and agree that in no event will we, our directors, employees, agents, shareholders, suppliers, affiliates, successors, assigns, or content providers, be liable under contract, tort (including negligence) or in any other manner with respect to the Services for (1) any loss, whether direct or indirect, of use, goodwill, data, business, or profits, in all cases arising out of the use of or inability to use the Services, Sites, Content, third party applications or other contents; (2) any viruses, trojan horses or bugs arising out of the use of the Services, Sites,

Content, third party applications or other contents; or (3) aggregate liability for all claims relating to the Services, Content, Sites, third party applications or other contents more than the amounts paid by you to us during the twelve months prior to the first claim.

Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

Except where such restriction is prohibited under applicable law, any claim arising under these Terms must be commenced within one year after the date the party asserting the claim first knows or reasonably ought to know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.

Indemnification

You shall indemnify, and hold us harmless, from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable legal fees and costs) suffered or incurred by us arising out of or in relation to your breach of any of these Terms (including but not limited to any additional terms we may incorporate herein); any activity in which you engage in or through the Services; and any violation of any law or rights of a third party caused by you.

Entire agreement

Except as stated in this section or expressly agreed in writing between you and us, these Terms constitute all the terms and conditions agreed upon and supersede any prior agreements, discussions, understandings and representations made in relation to the subject matter of these Terms, whether written or oral.

Severability and waiver

Unless as stated in these Terms, should any provision be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of the provision shall be enforced to the extent permitted by law. In such circumstances, you and we shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

Any failure on our part or any third party beneficiary to enforce these Terms or any provision thereof shall not waive our, or the applicable third party beneficiary’s right, to do so.

Assignment

We may, and reserve the right to, assign any or all of these Terms and may assign or delegate, in whole or in part, any of our rights or obligations under these Terms.

You may not assign these Terms, in whole or in part, nor transfer or sub-licence your rights under these Terms, to any third party.

Notices

When we refer, in these Terms, to communication “in writing”, this will include email. Any notices to be sent by you to us shall be sent by either email to our address as set out on the Sites, or by pre-paid post to the address detailed above.

If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to any address you provide to us when subscribing to the Services. Applicable laws require that some information and communications be in writing. When using our Sites, you accept that communications will mainly be electronic. We shall contact you by email or by providing you with information by posting notices on our Sites. For contact purposes, you agree to this electronic means of communication and acknowledge that all agreements, notices or otherwise general information be provided electronically and to comply with any requirement that communications be in writing. You further agree that we do not accept responsibility for any emails which are not received successfully, where the email address is incorrectly spelt by you or that are redirected or deleted by spam filters.

Any notice given by you to us, or by us to you, will be deemed served and received (1) immediately upon posting on our Sites; (2) twenty-four hours after submission of the email; of (3) three days after the date of posting of any letter. To prove the service of any notice it will be sufficient to evidence that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address. The provisions of this section shall not apply to the service of any proceedings or other documents in any legal action.

Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. This means that these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of England and Wales.

We both agree that the courts of England and Wales will have exclusive jurisdiction to deal with any dispute or claim arising out of or in connection with these Terms.