MusicMillsLIVE! Terms & Conditions
Thank you for choosing MusicMillsLIVE! (‘MMLive’, ‘we’, ‘us’, ‘our’). By subscribing to our services, or accessing the content or material available through BallroomPlaylist.com, MusicMills and/or MusicMillsLIVE!, you are entering into a binding contract with BallroomPlaylist LLC (‘BPL’) dba MusicMills and MusicMillsLIVE!.
Please read the Agreements carefully. Topics covered include payment terms, cancellation and refund policies, automatic renewals, limitations of liability, licensing and copyright infringement information, privacy policies, changes to the Agreements, and resolution of disputes by arbitration instead of court.
Any information that you provided during subscription or purchase may be corrected by resetting your registration page OR by contacting us to make changes for you.
In order to subscribe to MusicMillsLIVE!, you must be 18 or older OR by 13 and older and have your parent or guardian’s consent to the Agreements; have the power to enter into a binding contract with us; be residing in the United State of America. You also promise that any registration information you submit to BPL is true, accurate, and complete; and you agree to keep it current at all times.
2.Changes to the Agreements
Occasionally we may, with our discretion, make changes to the Agreements. When we make material changes to the Agreements, we will send you notice via email with a prominent heading to advise you of such changes. If we notify you in advance of such changes, your continued use of and access to BPL and all its services will constitute your acceptance of all such changes. If you do not wish to accept any changes, you may cancel your subscription subject to our cancellation policy.
3. Using BPL, MusicMills & MMLive
- Purchasing MusicMills App: our mobile music player, MusicMills, is available to you free of charge through your app store (Apple or Android phones & devices). You will be responsible for the legal purchase of all music you supply to play through the app.
- Purchasing MusicMills Studio Software: our studio music player and organizational system is available for purchase through our website, musicmills.net. You are responsible for the legal purchase of all music you play through the software system and not through MMLive.
- Subscribing to MMLive: MMLive provides a unique dance music streaming service, categorized by dance and tempo. Individual subscriptions are available through the MusicMills app AND through our website (www.musicmills.net). You must fully subscribe and make payment before you can access our streaming music service. Our channels are packaged in 5-6 channel folders, designating the most common combinations of dances used for a single style, and feature edited versions (for tempo and content) of appropriate music for each dance.
- Codes and Other Pre-Paid Offers: If, from time to time, we offer a code, gift card, pre-paid offer or other means of temporary subscription, separate terms and agreements may apply to usage of BPL from that source. Your use of BPL and all its component services will indicate your acceptance of these Agreements as well as any specific terms and conditions outlined with that offer.
- Trials: Occasionally, we may offer limited trials of subscriptions for a specified period of time at a reduced rate of payment (a ‘Trial’). BPL reserves the right at its absolute discretion, to determine your eligibility for such a Trial, and to modify or withdraw a Trail at any time without prior notice with no liability. For some Trials, we will require you to provide your payment details before authorizing your access to our services and content. At the end of such a Trial, we may automatically upgrade your service to a fully paid subscription and start charging you on the first day after your Trial ends. By providing your payment details, you agree to this charge. If you don’t want to be charged, you must cancel before the end of the Trial period; or after your subscription is upgraded, you may cancel by following our cancellation policies. No refunds will be made for partial subscription periods; payment made for a specific term will be honored for that full period of time.
4.Rights we grant you
All BPL services and content are the property of BPL or BPL’s licensors. We grant you a limited, non-exclusive, revocable license to make use of the BPL services and content for personal & entertainment use. You promise and agree that you are using the content for your own personal use and that you will not redistribute or transfer BPL content or services, nor will you share subcriptions with another party. This license will remain effective until and unless terminated by either you or BPL.
The BPL software and applications, including MusicMills app, MusicMills Studio Software, MMLive and all future developments from BPL, are licensed to you, not sold; BPL retains ownership of all copies of its software and applications, and their content even after installation on your personal devices (‘Devices’) such as computers, phones, tablets, etc.
All BPL trademarks, service marks, trade names, logos, domain names and any other feature of the BPL brand are the sole property of BPL and/or its licensors.
You agree to abide by our User Guidelines, and not to use BPL services and content (or any part thereof) in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, BPL grants no right, title or interest to you in our services or content.
BPL users may post, upload and/or contribute (‘post’) content to the service (which may include pictures, text, messages, information and/or other types of content) (‘User Content’). To avoid confusion, User Content includes any such content posted to any BPL website or message board.
You promise that, pertaining to any User Content you post on any BPL affiliated site, (1) you have the right to post such User Content; and (2) such User Content does not violate the Agreements, applicable law, or the intellectual property rights, publicity, personality or other rights of any other entity or person; nor does it imply any affiliation with or endorsement by BPL or any artist, band, label, entity or individual without express written consent from such entity or individual.
BPL may, but has no obligation to, monitor, review and/or edit User Content, without notice to the person posting such User Content. In all cases, BPL reserves the right to remove any User Content for any reason, including but not limited to, User Content that in BPL’s sole discretion violated the Agreements. BPL may take these actions without prior notification to you or any third party. Conversely, BPL makes no inherent promise to remove any specific User Content.
You are solely responsible for all User Content that you post. BPL is not responsible for User Content, nor does it endorse any opinion contained in any User Content. You agree that if a claim is filed against BPL related to User Content that you pose, then you will indemnify and hold BPL harmless from all damages, losses and expense of any kind, including reasonable attorney fees and costs, arising from such a claim.
6.Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant BPL the right to (1) allow us to use the processor, bandwith and storage hardware on your Device(s) in order to facilitate delivery of our Services and Content; and (2) to provide advertising and other information to you; and (3) to allow our business partners to do the same.
If you provide feedback, ideas or suggestions to BPL regarding our Services and Content (‘feedback’), you acknowledge that such feedback is not confidential. By offering such feedback, you implicitly authorize BPL to use that feedback without restriction and without payment or other consideration to you. Feedback is considered a type of User Content.
By posting or otherwise providing feedback to BPL, you grant us a non-exclusive, transferable, royalty-free, perpetual, irrevocable, fully compensated, worldwide license to use, reproduce, perform or display, publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with our Services and Content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from these rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, to any User Content you post.
BPL respects intellectual property rights and expects you to do so as well. Here are the baseline rules for you to follow while using our Services and Content:
The following actions are not permissible:
- Copying, redistributing, reproducing, ‘ripping’, recording, transferring, or sharing any part of the BPL Service and Content; or otherwise making any use of our Service and Content which is not expressly permitted under the Agreements or applicable law, or which infringes on the intellectual property rights (such as copyright) in our Service and Content.
- Using BPL Service and Content to import or copy any local files you do not have the legal right to import or copy.
- Transferring copies of cached Content from an authorized Device to any other Device via any means.
- Reverse engineering, decompiling, disassembling, modifying or creating derivative works based on BPL Services and Content, or any part thereof
- Circumventing any technology used by BPL, its licensors, or any third party to protect the Service and Content.
- Providing your username and password to any other person, or using another person’s username and password to access BPL Service and Content
- Selling, renting, sublicensing or leasing of any part of the BPL Service and Content without written permission from BPL
- Circumventing any territorial restrictions applied by BPL or its licensors
- Manipulating the Service and Content by using a script or other automated process
- Removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the BPL Service and Content for any reason
- ‘Crawling’ the BPL Service and Content or otherwise using any automated means to collection information from BPL.
- Selling, transferring, or sub-leasing a user account or otherwise accepting any compensation (financial or otherwise) to influence the name of an account or the content included in BPL Service and Content.
Please respect both BPL and the owners of the Content as well as other users of BPL Services and Content. Don’t engage in any activity, post any User Content, or register and/or use a username which is or includes material that:
- Is offensive, abusive, defamatory, derogatory, pornographic, threatening or obscene
- Is illegal, or intended to promote an illegal act of any kind
- Includes your password or (intentionally) anyone else’s password, or purposely includes personal data of a third party, or is intended to solicit such personal data
- Includes malicious content such as malware, Trojan horses, viruses; or which otherwise interferes with any user’s access to our Service and Content
- Is intended or actually harasses or bullies other users
- Impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive or misleading
- Uses automated means to artificially promote content
- Involves the sending of unsolicited mass mailings or other forms of spam, junk mail chain letters, etc.
- Involves commercial or sales activities, such as advertising, promotions, contests, or pyramid schemes that are not expressly authorized by BPL
- Links to, references, or otherwise promotes commercial products or services, except as expressly authorized by BPL
- Interferes with, or in any way disrupts, BPL Service and Content; tampers with, breaches or attempts to breach BPL Service and Content, our computer systems, network, usage rules, or any of our security components, authentication measures or any other protection measures applicable to BPL Service and Content, or any part thereof
- Conflicts with the Agreements, as determined by BPL
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your BPL account. You also agree that BPL may reclaim your username for any reason.
BPL has no responsibility for your choices to post material through the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You are responsible for all use of your username and password on the Service. If your username and/or password are lost or stolen, or if you believe there has been unauthorized use of your account information by a third party, please notify BPL immediately and change your account information as soon as possible.
8.Infringement and reporting User Content
If you believe that any Content infringes upon your intellectual property rights, or other personal rights, see our copyright policy. If BPL is notified by a copyright holder that any Content infringes upon a copyright, BPL may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content does not infringe upon any rights, the provider may submit a counter-notification to BPL with a request to restore the removed Content.
9.Service limitation and modifications
BPL will make all reasonable efforts to keep our Service and Content operational. However, certain technical difficulties or maintenance may arise from time to time, resulting in temporary interruptions. To the extent permissible under applicable law, BPL reserves the right to periodically (and at any time) modify or discontinue, either temporarily or permanently, functions and features of our Service and Content, with or without notice and without liability to you, except where prohibited by law, for any interruption, modification or discontinuation of BPL Service and Content, or any function or feature thereof. If you have prepaid fees for Subscriptions that BPL permanently discontinues, BPL will refund you the prepaid fees prorated to the time of such a permanent removal of Content. You understand, agree and accept that BPL has no obligation to maintain, support, upgrade, or update the Service and Content, or to provide any specific content through the Service.
If you establish a BPL account on behalf of a company, organization, entity or brand (a ‘Brand’ and a ‘Brand Account’), the terms ‘you’ and ‘your’ as used throughout the Agreements, apply to both you and the Brand as applicable.
If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements.
The Brand may not stream media through BPL Service and Content
The Brand may only send messages to users who first message the Brand
The Brand may not create or share BPL Services and Content without express permission from BPL
For technical support, please use our technical support email address provided on this website on the ‘Contact Us’ page. For payment and subscription related questions, please use our customer support email address. BPL will make all reasonable efforts to answer your queries within a reasonable time frame, however we make no guarantee or warranty of any kind that any inquiry will be responded to in a specific time frame, or that we will be able to answer any query to your satisfaction.
12. Payments and cancellations
Paid subscritpions to BPL can be purchased directly from BPL through any of our affiliated websites such as BallroomPlaylist.com or MusicMills.net; additionally, you may subscript through your MusicMills app or studio software, or through the App Store. All subscriptions are for a monthly period starting on the first day you subscribe and due on the same date each and every month until you cancel your subscription.
Your payment will be automatically processed each month. BPL does not have access to your payment information; automatic payments are made through PayPal, and can only be changed or cancelled by you. If you cancel your recurring payement to BPL, your account will be immediately suspended at the end of the period for which you have already paid.
BPL will not refund any subscription fees you’ve already paid us, but will continue to provide service to you until your current paid subscription has run out.
If you purchase your subscription through a third party (such as the App Store), your subscription is also subject to the terms and agreements of that third party. To cancel your subscription, you must cancel directly through that third party.
BPL may change the price for subscriptions from time to time, and will notify you of such changes in advance. Such changes will take effect at your next subscription period following the date of the price change. As permitted by law, you accept the new price by continuing to use the BPL Service after the price change takes effect. If you do not agree to the price change, you have the right to reject the change by cancelling your subscription prior to the later date of either the price change’s effective date or your next subscription renewal.
13.Term and termination
The Agreements will continue to apply to you until terminated by either you ro BPL. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will continue after termination of the Agreements for any reason.
BPL may terminate the Agreements or suspend your access to BPL Service and Content at any time, including in the event of your actual or suspected unauthorized sue of the Service and Content, or noncompliance with the Agreements. If you or BPL terminate the Agreements, or if BPL suspends your access to the BPL Service and Content, you agree that BPL will have no liability or responsibility to you, nor will BPL refund any amounts you have already paid in subscription fees to the fullest extent under applicable law.
14. Warranty and disclaimer
BPL works diligently to provide the best service we can. You understand and agree that BPL Service and Content is provided ‘as is’ and ‘as available’ without express or implied warranty of any kind. You use the BPL Service and Content at your own risk. BPL and all content owners make no representations and disclaim any warranties or conditions of satisfactory quality. Neither BPL nor any content owners make any warranties that the Service and Content is free of malware or other harmful components. In addition, BPL makes on representation nor does it warrant, endorse, guarantee or assume responsibility for any third party applications (or content thereof), user content, or any other product or service advertised by a third party on or through our Service and Content. You understand and agree that BPL is not responsible nor liable for any transaction between you and third party providers of third party applications or products and services advertised on or through the BPL Service and Content. This does not affect your statutory rights as a consumer.
15.Limitaion and time for filing
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the BPL Service and Content is to uninstall any BPL software and/or app, and to stop using the Service.
To the fullest extent permitted by law, in no event will BPL, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary or consequential damages; (2) any loss of use, data, business or profits (whether direct or indirect), in all cases arising out of the use or inability to use the BPL Service and Content; or (3) aggregate liability for all claims relating to the BPL Service and Content, third party applications or third party application content more than the amount paid by you to BPL during the prior 12 months in question.
Nothing in the Agreements removes or limits BPL’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
To the fullest extent permitted by applicable law, you agree that any claim against BPL must be commence by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim that is not asserted within that time period.
16.Third party rights
You acknowledge and agree that the owners of the BPL Service and Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and BPL, and in no event will the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaed the App from the Apple, Inc. (‘Apple’) App Store, or if you are using the App on an iOS device, you ackownlege that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and BPL only, not with Apple, and Apple is not responsible for the Service and Content from BPL. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the BPL Service and Content. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple, and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the BPL Service and Content. Apple is not responsible for addressing any claims by you or any third party relating to the BPL Service and Content, or your possession and/or use of the Service and Content, including, but not limited to: (1) product liability claims; (2) any claim that the Service and Content fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the BPL Service and Content, and/or your possession and use of the App infringe upon that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service and Content. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (2) you are listed on any U.S. Government list of prohibited or restricted parties.
Other than as stated in this section or as explicitly agreed upon in writing between you and BPL, the Agreements constitute all the terms and conditions agreed upon between you and BPL, and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or not.
18.Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provision of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by BPL or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive BPL’s or the applicable third party beneficiary’s right to do so.
BPL may assign the Agreements or any part of them, and BPL may delegate any of its obligation under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold BPL harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the BPL Service and Content; and (4) your violation of any law or the rights of a third party.
21.Choice of law, mandatory arbitration and venue
21.1 Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the State of Arizona, United States of America, without regard to choice or conflicts of law principles.
Further, you and BPL agree to the jurisdiction of the State of Arizona to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 21.2.1.
BPL does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
21.2 ARBITRATION AGREEMENT
This Arbitration Agreement applies only to users in the United States.
21.2.1 Dispute resolution and arbitration
You and BPL agree that any dispute, claim, or controversy between you and BPL arising in connection with or relating in any way to these Agreements or to your relationship with BPL as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and BPL further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding the clause above (21.2.1), you and BPL both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
21.2.3 No Class Or Representative Proceedings: Class Action Waiver
YOU AND BPL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and BPL agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
21.2.4 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and BPL will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and BPL agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. BPL can also help put you in touch with the AAA.
Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, BPL will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. BPL will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
21.2.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). BPL’s address for Notice is: BallroomPlaylist.com Attn: Arbitration, 325 Lexington Street, San Francisco, CA 94110. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or BPL may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BPL shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of BPL’s last written settlement offer, then BPL will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any claim in court arising out of or related to the Agreements.
25 Contact us
If you have any questions concerning the BPL Service or the Agreements, please contact BPL Customer Service by visiting the About Us section of our website.
If you are a California resident, you may have the Agreements mailed to you electronically by sending a letter to BPL USA Inc., Attn: Agreements, 325 Lexington Street, San Francisco, CA 94110 with your email address and a request for the Agreements. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Thank you for reading our Terms. Contracting entity:
3840 E. Betsey Lane
Gilbert, AZ 85296
Effective: November 20, 2017
- Explain the way we use information that you share with us in order to build a great product and give you a great experience with it;
- Ensure that you understand what information we collect with your permission, and what we do — and do not do — with it;
- Hold us accountable for protecting your rights and your privacy under this policy.
- All the information we collect is related to providing the BPL service and its features.
Broadly speaking, there are two categories of information we collect: 1) information that we must have in order for you to use BPL; and 2) information that we can use to provide additional features and improved experiences if you choose to share that information.
The first category includes:
- Registration information, including your name, birth date, address, and other information you provide when you sign up for BPL.
- Broad, non-specific location, which we derive from your IP address. Our licenses to deliver music and other content to you are location-specific, so we need to know what country you’re in.
- The music you listen to and your interactions with the Service. This allows us to make recommendations to you and suggest relevant content. You can choose whether or not to share this information with your friends, followers, or the public.
- Technical and sensor information necessary to operate BPL. This includes the type of browser and device you use, data from the touchscreen, and information from your device’s accelerometer and gyroscope sensors.
The second category includes information that you choose to share with us in order for us to offer you additional features. You must actively choose to share this information with us; we will not scan this information without your express permission, and under no circumstances we will ever share this information with any other party
We will be clear with you about how and when we might share information.
In some contexts, we will share certain information. For example, like most services, if you sign up for BPL through a third party like Facebook or a mobile provider, we share some information with them and they share some information with us in order to enable your account. And we also share de-identified information with our music industry partners to report usage and calculate royalty payments to artists, and with marketing partners who help us with promotional efforts.
2 Outline of what you’re consenting to
By using or interacting with the Service, you are consenting to:
3 The information we collect
We may collect and store the following information—
3.1 Registration data
When you sign up for the Service, we may ask you for information such as your username, password, email address, date of birth, gender, address, postal code, and country. If you connect to the Service using credentials from a Third Party Application (as defined in the Terms and Conditions of Use) (e.g., Facebook), you authorize us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your Third Party Application account, including, for example, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks.
You may also choose to voluntarily add other information to your profile, such as your mobile phone number and mobile service provider.
3.2 Usage, log data & cookies
When you use or interact with the Service, we may use a variety of technologies that collect information about how the Service is accessed and used. This information may include:
- information about your type of subscription and your interactions with the Service, such as interactions with songs, playlists, other audiovisual content, other BPL users, Third Party Applications, and advertising, products, and services which are offered, linked to, or made available on or through the Service;
- the details of the queries you make and the date and time of your request;
- User Content (as defined in the Terms and Conditions of Use) you post to the Service including messages you send and/or receive via the Service;
- technical data, which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the BPL Service, unique device ID, device attributes, network connection type (e.g., WiFi, 3G, LTE) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and BPL application version.
- motion-generated or orientation-generated mobile sensor data (e.g., accelerometer or gyroscope).
3.3 Your mobile device
- Photos and Camera: We will not access your photos or camera without first getting your explicit permission and we will never scan or import your photo library or camera roll. If you give us permission to access photos or your camera, we will only use images that you specifically choose to share with us. (You may use our application to select the photo or photos you choose to share, but we will never import the photos you review except those you explicitly share.).
- Location: We will not gather or use the specific location of your mobile device (by using, for example, GPS or Bluetooth) without first getting your explicit permission. And if you choose to share location information but later change your mind, you will always have the ability to stop sharing. Please note that this does not include IP address. We will continue to use your IP address as described in Section 3.2above, to determine, for example, what country you are in and comply with our licensing agreements.
- Voice: We will not access your microphone without first getting your explicit permission. You will always have the ability to disable microphone access.
3.4 Widget data
Other websites may integrate BPL widgets (such as the BPL Play Button or BPL Follow Button). When you visit a site with a BPL widget embedded, we may receive certain information, including information about the web page you visited. BPL and the widget can recognise you, and the widget may be used to show personalised content or advertising. We know when you interact with a widget, and websites containing the widgets may receive this information.
3.5 Payment data
If you sign up for a Trial (as defined in the Terms and Conditions of Use), purchase any of our Paid Subscriptions (as defined in the Terms and Conditions of Use), or make other purchases through the Service, your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by us and/or the payment processors with which we work. We may also collect some limited information, such as your zip code, mobile number, and details of your transaction history, all of which are necessary to provide the Service. In addition, the payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and certain digits of your card number.
If you choose to pay by invoice, BPL may need to collect and store additional information, like your name, date of birth, and phone number, and provide it to payment processors we work with to issue invoices, to enable credit checks and to send you invoices.
3.6 Sweepstakes, contests & surveys
4 How we use the information we collect
Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:
- to provide, personalise, and improve your experience with the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service (including on other sites that you visit), for example by providing customised, personalised, or localised content, recommendations, features, and advertising on or outside of the Service;
- to ensure technical functionality of the Service, develop new products and services, and analyse your use of the Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Service;
- to communicate with you for Service-related or research purposes including via emails, notifications, text messages, or other messages, which you agree to receive;
- to communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your BPL account settings); in the section Your preferences below, we inform you of the controls you can use to opt out from receiving certain messages;
- to, if you explicitly provide us your permission, use your mobile phone number to send you informational, marketing and promotional text messages using an automatic dialing system; you are not required to provide consent as a condition of signing up for BPL’S services;
- to enable and promote the Service and other services or products, either within or outside the Service, including features and content of the Service and products and services made available through the Service;
- to process your payment or prevent or detect fraud;
5 Sharing information
This section describes how the information collected or generated through your use of the BPL service may be shared by you or by us.
5.1 Sharing by you
The BPL Service is a service that offers many ways to find, enjoy, and use content. We encourage you to take advantage of these social features with others on the Service.
Your name and/or username, profile picture, who you follow, who follows you, and your BPL user profile will always be publicly available.
Playlists followed, your activity on the Service, your favorite tracks, and User Content you post, upload, and/or contribute to the Service are made publicly available by default. Your activity on the Service (e.g., what you listen to, music you share) will automatically appear on the Service and will, for example, be accessible by users who follow you or view your BPL profile. Although this information is made public by default, in Your preferences below, we describe the controls that you can use, along with other relevant settings associated with your BPL account, to limit the sharing of your information.
Please remember that certain information is always publicly available, which means that it can be accessed by Third Party Applications through our APIs and developer tools. Based on your permissions, some additional information can be shared with Third Party Applications and with others through Third Party Applications. For example, you can use your settings to control whether your BPL activity is posted to Facebook. Similarly, you may consent to provide Third Party Applications with access to your email address, subscription status, location, birthday, or similar information, upon their request.
We may use your public information to promote the Service and to help others find and follow you and/or your BPL content, including through Facebook and other Third Party Applications and on websites that embed BPL widgets. Your information may be used to notify others, including within the Service, via email, and through Facebook and Third Party Applications, about your use of the Service (e.g., that you have joined BPL or activity related to a BPL profile).
With your explicit permission, we may notify other users of your location. Likewise, with other BPL’s users’ explicit permission, we may notify you about their whereabouts. We may offer you the ability to share this information to create shared experiences.
5.1.2 Third Party Applications
If you connect your BPL account to a Third Party Application, BPL may automatically share your activity and activity-related stories with that service, including the content you consume. You understand and agree that that such information may be attributed to your account on the Third Party Application and may be published on such service.
If you log into a Third Party Application with your BPL account, that Third Party Application may have access to certain information. With your explicit permission, we may also share additional information such as your email address, subscription status, location, or birthdate with such Third Party Applications.
BPL also enables you to share a particular item on an individual basis to Third Party Applications, other third party services, other BPL users, and others. Please note that if you share content to a Third Party Application or a third party service, it will be viewable by others within the BPL Service, regardless of your BPL account settings.
5.2 Sharing by BPL
5.2.1 Service providers and others
5.2.2 Rights holders
The BPL service allows you to listen to fully-licensed streaming content. BPL shares information with the rights holders that license this content to BPL. The data that BPL shares is in a de-identified format that does not identify you directly.
5.2.3 Certain BPL partners
If you access the BPL Service through an offer that you received or purchased from a third party such as your mobile network operator, we may also share information with that third party about your use of the BPL Service, such as whether and to what extent you have used the offer, activated a BPL account, or actively used the Service.
5.2.4 Other sharing
In addition to the above, we may also share your information with third parties for these limited purposes:
- to allow a merger, acquisition, or sale of all or a portion of our assets;
- to respond to legal process (e.g., a court order or subpoena), if we believe in good faith that it is necessary to do so; to comply with requirements of mandatory applicable law; to protect the safety of any person; to protect the rights and property of BPL, including to enforce the Terms and Conditions of Use and any other terms that you have agreed to; and to address fraud, security, or technical issues;
- to academic researchers for purposes including statistical analysis and academic study, but only in a de-identified format;
- and to publish de-identified or aggregate information about the use of the BPL Service.
6 Your preferences
We will provide you with settings to allow you to choose which communications you receive from us, manage your public information, and set your sharing preferences. However, as explained in the section Sharing by you, certain information may always be publicly available to others and other information is made publicly available to others by default. And if you share information to a Third Party Application, that information is viewable on BPL, regardless of how you set your privacy settings.
To change whether certain information is publicly available, you can adjust the settings in your account. View instructions for adjusting the relevant settings on BPL’s website.
Information that is publicly available may be used, re-shared, or linked to by others on the Service or across the web, so please use BPL carefully and be mindful of your settings.
7 Transfer to other countries
We may display advertisements from third parties and other content that links to third party websites. We cannot control or be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your personal information.
We are committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and log out after having used the BPL Service. While we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information.
The BPL Service is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13 or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, do not use the Service and do not provide any personal information to us. If you are a parent of a child under the Age Limit and become aware that your child has provided personal information to BPL, please contact us at email@example.com and include Child’s Personal Information in the subject line, and you may request exercise of your applicable access, rectification, cancellation, and/or objection rights. If you are a California resident under the age of 18 and you wish to remove publicly available content, please contact us at firstname.lastname@example.org, and include Erase in the subject line.
11 Accessing and updating user information
Occasionally we may, at our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
13 Information about cookies, other technologies and third-party data collection
13.1 What are cookies and other technologies?
A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognize your device the next time you visit their website. There are other similar technologies such as pixel tags (transparent graphic images placed on a web page or in an email, which indicate that a page or email has been viewed), web bugs (similar to pixel tags), and web storage, which are used in desktop software or mobile devices.
There are also technologies such as mobile device identifiers and SDK integrations to help companies recognize your device when you return to an app or otherwise use the a service.
We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device for a set period of time or until you delete them). We use the following types of cookies for the purposes explained in this chart:
|Essential Operational||These cookies are necessary to allow us to operate the BPL Service as you have requested. For example, they let us recognise what type of subscriber you are and then provide you with services accordingly.|
|Performance / Analytics||We use these cookies to analyse how the BPL Service is accessed, is used, or is performing. We use this information to maintain, operate, and continually improve the BPL Service. We may also obtain information from our email newsletters, including whether you opened or forwarded a newsletter or clicked on any of its content. This information tells us about our newsletters’ effectiveness and helps us ensure that we’re delivering information that you find interesting.|
|Functional||These cookies let us operate certain functions of the BPL Service in line with the choices you make. These cookies mean that when you continue to use or come back to the BPL Service, we can provide you with our services as you have asked for them to be provided, such as knowing your username, remembering how you have customised our services, and reminding you of content you have enjoyed.|
|Targeting / advertising||We use these cookies to serve you with advertisements that may be relevant to you and your interests. The information may also be used for frequency capping purposes (e.g., to ensure we do not display the same advertisement to you repeatedly) and to help us regulate the advertisements you receive and measure their effectiveness.|
|BPL Ads||We work with web publishers, advertising networks, and service providers to deliver BPL ads on other web sites and services. Cookies may be used to serve you with advertisements that may be relevant to you and your interests on other web sites and services and to regulate the advertisements you receive and measure their effectiveness.|
13.3 Manage your cookie and other preferences
Please note that if you choose to block cookies, doing so may impair the BPL Service or prevent certain elements of it from functioning.
You hereby consent to the use of the cookies and other technologies described above.
13.4 More information
3480 E. Betsey Lane
Gilbert, AZ 85296