Shazam Terms

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• Introduction
• Website
• Music Recognition
• Shazam Applications
• Downloads & Ringtones
• Intellectual Property Rights
• Privacy
• Contacting Shazam
• General
• Offers

These Terms are effective from 1 September 2008

Introduction

Who we are

We are Shazam® Entertainment Limited and we provide the following services in the United Kingdom:

• a pay per use music recognition service via mobile phones,
• a subscription based music recognition service via mobile phones,
• a website where users can create profiles in order to chat about music and share their iD lists,
• ringtones, music downloads and other music products, and
• applications for Facebook™, iTunes and for mobile phones.

We are a limited company incorporated in England and Wales.

Our registered details are:

Charles House
4th Floor, Block F
375 Kensington High Street
London
W14 8QH
United Kingdom

Registered number: 3998831
VAT number: 766118223

Use of Shazam services and website

By using Shazam's music recognition services, by subscribing to one of our clubs, by downloading the Shazam Applications or by browsing the Website, you agree to be bound by all of the terms and conditions set out in the webpages under the tab headed “Terms”.

You must be 13 years or older to use the Services. If you are under 18, you must get your parent or guardian, or the person who pays your mobile phone bills, to agree to these Terms on your behalf before you use any of our Services.

If you are not from the UK, you also agree to comply with UK laws regarding on-line conduct, the content you may post on our Website, your use of Shazam iD and our use of your personal information.

Shazam may amend these Terms, at any time, by posting the amended Terms on the Shazam Website and we encourage you to review these Terms and the Website from time to time. Your continued use of the Services after we have posted changes will mean that you accept our updated Terms.

Definitions

We use the following definitions in these Terms:

“Services”	means the pay per use music recognition service provided via mobile phones, a subscription based music recognition service provided via mobile phones, the Website, the provision of ringtones, music downloads and other music products via the Website and the services provided by the Shazam applications
“Shazam”	means Shazam® Entertainment Limited.
“Shazam Applications”	means the Shazam Facebook Application, Shazam iD™ and any other applications offered by Shazam from time to time.
“Shazam Content”	means the content and materials provided by Shazam via the Services, including, but not limited to, reviews, newsletters, iD Lists, album art and song clips.
“Shazam Facebook Application”	means the application developed by Shazam for use on Facebook which allows Facebook users to view their iDs and share them with other Facebook users.
“Shazam iD”	means the Shazam software application, pre-loaded onto or downloaded to mobile phones, which performs a music recognition.
“Terms”	means the terms set out in the webpages under the tab headed “Terms”.
“Website”	means the Shazam.com site accessed via the web or a mobile phone.

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Website

Registration and Password

When you register on the Website, we will automatically create a public profile for you. Any profiles created will be available on the Website for others to view, along with your tracks identified. You may choose to make your profile private on registration on the Website or at any time after registration. You may at any time update your profile, or change your username and password.

Your registration details must be truthful and accurate and you agree to keep them up to date. Any email address or phone number you provide to us must be a valid email address and valid phone number.

Once you have a username and password, you will be responsible for all activities occurring under your username and for keeping your password secure. You agree to notify us immediately if you are aware of any loss, theft, or unauthorised use of your user name or password.

We may change your username if we believe that in using the name you are attempting to impersonate another person, or that it infringes or may infringe a trademark, breaches any law, is vulgar, offensive or is otherwise inappropriate.

Member conduct on the website

Personal Use

The Website is available for your personal use only and you may not use it for any commercial purposes.

Responsibility for Profile Content

You are solely responsible for the information you post on your profile and for all comments made to other members. Shazam is not liable or responsible for any materials or comments you post online, including, without limitation, any loss, theft, intellectual property rights infringement or damage of any kind resulting from such material or comments. We may occasionally check what you have posted on your profile or comments you have made, but we are not obliged to do so. If you become aware of any material that you feel is inappropriate, please contact .

Misuse of Website

You agree not to misuse the Website and, in particular, you agree that you will not:

• post or distribute any offensive, obscene or otherwise inappropriate material which may cause offence to others on grounds of race, religion, ethnicity or sex;
• post or distribute any material that is unlawful or which threatens or encourages illegal activities or which harms the rights of others;
• post or distribute material which is not your own;
• post or distribute any material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party;
• post or distribute any unsolicited advertising material, 'junk mail', 'spam', 'chain letters', or 'pyramid schemes';
• defame, harass or stalk others or encourage such behaviour;
• harm, or attempt to harm, minors in any way;
• impersonate any person or entity or create a false or misleading identity;
• access, or attempt to access, the accounts of others;
• breach, or attempt to breach, our security measures, or penetrate or attempt to penetrate our computer software, hardware, electronic communication system, or telecommunications systems;
• collect, attempt to collect, or use other members’ personal information;
• engage in any activity which adversely affects the ability of other people or systems to use the Website or the internet generally;
• cause any nuisance or cause the operation of the Website to be jeopardised or impaired;
• post or distribute any material that contains any form of software virus or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• modify, adapt, translate, or reverse engineer any portion of the Website or its contents, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website; or
• use the Website for any improper, unlawful or immoral purpose.

We may remove or refuse to post any comments, profiles or reviews which we consider to be a misuse of the Website. In addition, we may also delete your profile from the Website.

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Music Recognition

iDing & iD Lists

You may use our music recognition service either by dialling 2580 in the UK or by using Shazam iD. The music recognition services are available for your personal use only and you may not use the services for any commercial purposes.

If you have created a profile on the Website, you will be able to view your iD List online. If you download the Shazam Facebook Application, you will be able to view your iD List on your Facebook profile and on the Website

Only one mobile phone number may be used to create a iD list but if you change your mobile phone, we will transfer your iD list to your new number if you notify Customer Services of the new number.

Pay per use

You may use our music recognition service on a "pay per use" basis by dialling 2580 in the UK. Our music recognition service is not available on a "pay per use" basis via Shazam iD.

Each successful iD costs £0.50, including VAT. We may change the cost of using the music recognition services at any time by posting the new charges on the Website.

Fees are charged by premium rate SMS and will be taken from your pre-pay credit or added to your regular phone bill each month.

Each time you attempt to use the music recognition services your network operator will also charge you your usual call rate; this charge is usually no more than 12p.

When you iD music on a pay per use basis, we may send you a SMS offering you membership of one of our clubs together with instructions on how to join.

Subscribers

We currently offer the following clubs for users in the UK: Tag Club, Shazam Club, SmartClub and MadTags, each of which are subject to our Fair Use Policy, which is detailed below. Smart Club is only available if you have downloaded Shazam iD. We may also, from time to time, offer promotional membership of clubs, which are subject to the terms and conditions publicised with the promotion.

Tag Club

Tag Club costs £2.00 each month and offers unlimited use while you are a member.

Tag Club membership operates on a monthly subscription and your subscription will be valid for 30 days. Your membership of the Tag Club will be automatically renewed for a further 30 days at the end of each membership period.

To join Tag Club, text TAGS to 80805. Your text will be charged at your normal operator rates.

Shazam Club

Shazam Club costs £4.50 each month and offers unlimited use while you are a member and product credits for one of the following: 2 downloads OR 2 ringtones, OR 1 ringtone and 1 download.

Shazam Club membership operates on a monthly subscription and your subscription and product credits will be valid for 30 days. Your membership of the Shazam Club will be automatically renewed for a further 30 days at the end of each membership period. Unused product credits cannot be carried over to the next membership period.

To join Shazam Club, text SHAZAM to 80805. Your text will be charged at your normal operator rates.

MadTags

MadTags costs £2.00 each month and offers unlimited use while you are a member, with the first month for free.

MadTags membership operates on a monthly subscription and your subscription will be valid for 30 days. Your membership of MadTags will be automatically renewed for a further 30 days at the end of each membership period.

Smart Club

Smart Club costs £2.00 each month and offers unlimited use while you are a member.

Smart Club membership operates on a monthly subscription and your subscription will be valid for 30 days. Your membership of the Smart Club will be automatically renewed for a further 30 days at the end of each membership period.

To join Smart Club, follow the instructions contained within Shazam iD. Your text will be charged at your normal operator rates.

Charges

Fees for Tag Club, Shazam Club, Smart Club and MadTags are charged by premium rate SMS and will be taken from your mobile phone pre-pay credit immediately or added to your regular phone bill each month in advance. If you do not have sufficient pre-pay credit on your mobile phone at the time you attempt to subscribe to a club, your subscription will not be successful and any subsequent use of the music recognition service will be charged on a Pay Per Use basis. We will send you a text confirming successful subscription and if you do not receive a text after attempting to subscribe, please contact Customer Services. All prices are inclusive of VAT, unless otherwise stated.

Each time you attempt to use the music recognition service on a Pay Per Use basis, or when a member of Tag Club, Shazam Club or Mad Tags, your network operator will also charge you your usual call rate; this charge is usually no more than 12p.

Each time you use or attempt to use the music recognition service using Shazam iD, you will send or receive data which your network operator will charge at your usual data rates.

We may change the subscriber charges at any time by posting the new charges on the Website. We will also notify you by SMS before we increase any charges.

Termination of Membership

You may terminate your membership of any club by texting STOP to 80805 or contacting Customer Services. Membership of Smart Club can also be terminated by following the instructions contained within Shazam iD. Your membership will then be terminated at the end of the then current 30 day membership period.

Discontinuance of Clubs

We may, at any time, terminate your membership of a club or discontinue or replace any club, with or without notice. We will inform you by SMS, free of charge, that your membership has been terminated or that a club has been discontinued or replaced.

Fair Use Policy

You agree to use Shazam’s music recognition service fairly. We will consider that our fair use policy has been breached if you send excessive iD requests that leads to an over-allocation of system resources; we will regard more than 300 attempts to recognise music in any month to be a breach of our fair use policy.

If you breach the fair use policy, Shazam may immediately terminate your membership of any clubs. We will inform you by a SMS message, free of charge, that you have breached the fair use policy. We will then terminate your current membership and immediately re-subscribe you to the same club and charge you a monthly fee, unless you decide to cancel your re-subscription by texting STOP to 80805. Members of Shazam Club who breach the fair use policy will still be able to use any product credits, but will not be re-subscribed to Shazam Club until such product credits have been used.

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Downloads & Ringtones

General

You may purchase ringtones and downloads from the Website for your personal and non-commercial use only. You may not copy, lend, hire, make available, distribute or broadcast ringtones or downloads.

Orders to buy downloads or ringtones from the Website are subject to acceptance by us. Orders for downloads will be deemed accepted by us when we send you confirmation of your order by SMS. Orders for ringtones will be deemed accepted by us when we send you the ringtone. We may reject your order for any reason, prior to acceptance. If we reject your order after payment has been made, we will provide you with a refund.

Downloads and ringtones provided by Shazam are directed at users in the UK and Northern Ireland only. If you access the Website from another country, we will not be able to fulfil your order.

Some of the downloads may include content that may be offensive to you. Shazam takes no responsibility for such content and you purchase the download at your own risk.

Shazam Downloads

You may purchase music downloads from Shazam via the Website and in order to purchase a download from the Website, you need to be registered. If your order is accepted, you will be sent a SMS message confirming the purchase and a pin code. In order to complete the download, you need to enter the pin code in the “Bought a Download” page on the Website. Your pin code will expire after 60 days and if you do not complete the download within this timeframe, you will not be entitled to a refund.

Shazam Ringtones

You may purchase ringtones from Shazam via the Website. In order to purchase a ringtone from the Website, you need to be registered. If your order is accepted, the ringtone will be delivered to you by WAP push.

Fees

Fees for ringtones and downloads are charged by premium rate SMS and will be taken from your mobile phone pre-paid credit immediately or added to your mobile phone bill at the end of the month. All prices are inclusive of VAT, unless otherwise stated. We may change the prices for ringtones and downloads at any time by posting new prices on the Website.

Cancellation Rights

Due to the nature of the service we are not able to cancel your purchase of the download or ringtone once we begin the process of delivering your download or ringtone.

Minimum Technology

Requirements for Shazam Downloads and Ringtones

In order to purchase downloads from Shazam, you accept that your computer meets the following minimum technical requirements:

Downloads:

The downloads are Windows Media Audio 9 Series encoded at 192kbps and MP3 formats encoded at 192kbps.

PC requirements:

You must have a PC running Windows ME, NT, 2000, XP or above with Windows Media Player 9 or above in order to listen to WMA files. We recommend Windows XP and Windows Media Player 10.

Mobiles:

In order to receive downloads or ringtones, your mobile handset must be WAP compatible and your WAP service activated. Please check this before placing an order.

Downloads from our Partners

Downloads from our partner websites are subject to the terms and conditions of the relevant partner. When purchasing from our partners, you will be directed to their website and Shazam is not responsible or liable for any matters elating to your dealings with our partners. These websites are not subject to Shazam’s Privacy Policy nor to these Terms.

Our partners provide audio files in WMA or MP3 format. Please check their terms and conditions for any appropriate technology requirements.

Issues

If your download or ringtone purchased from Shazam is defective or you cannot complete the download process, please contact . Where there is a fault in the download or ringtone Shazam will re-send the pin code at no extra cost.

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Intellectual Property Rights

Shazam's Trademarks

“Shazam” is a registered trademark and "Shazam iD" is a trademark of Shazam Entertainment Limited.

Shazam Content

Any Shazam Content provided by Shazam as part of the Services contains copyrighted material, trademarks and other proprietry property of Shazam and its licensors. All right, title and interest in and to the Shazam Content vests in Shazam and its licensors. You are granted a limited, revocable, non-exclusive license to display the Shazam Content as part of the Services solely for your personal use. Except as expressly authorised by Shazam, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, lease or sub-license the Shazam Content, in whole or in part.

Website

The Website (including without limiation, the Website design, text, graphics, page layout, images, photographs and all software and source codes connected with the Website) are protected by copyright, trademark, patents and/or other intellectual property rights and laws. Except as expressly authorised by Shazam, you may not copy, modify, publish, transmit, reproduce, store, display, sell, lease or sub-license any part of the Website.

Your Intellectual Property Rights

You retain ownership of any content, reviews, comments, images, and other materials that you post on the Website ("Materials"). By posting Materials on the Website, you grant to Shazam a world-wide, royalty free, non-exclusive licence to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute the Materials solely on and through the Website. Shazam requires such a licence in order to provide certain functionality on the Website. This licence will terminate at the time you remove your Materials from the Website, but you will not be able to remove Materials posted to or from another user’s profile or posted to a general section of the Website, such as album reviews.

By posting Materials on the Website, you warrant that you own all rights in and to the Materials posted by you and that you are not breaching any other party’s rights (including rights to privacy, publicity rights, copyrights or contractual rights).

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Privacy

Your privacy is important to us and if you have any questions regarding privacy, please contact Shazam by email at . Shazam adheres to the Data Protection Act 1998.

Information we collect

When you register on the Website, communicate with Shazam, order products or use the music recognition service, you submit information about yourself, such as your name, email address, address and mobile phone number to Shazam or our partners. You may also post personal information about yourself on your profile, such as your age, gender, photo and interests, which could identify you.

We also collect non-personal information about you when you visit the website, such as your IP address, profile information, aggregate user data, and browser type.

Use of your personal information

Shazam and our carefully selected partners may use your personal information:

• to provide the Services to you,
• to create a profile for you on the Website,
• to facilitate your use of the Website,
• to create a profile for you in the Shazam Facebook Application.
• to facilitate your use of the Shazam Applications
• to facilitate or complete your purchase of downloads or ringtones
• in administering any account you may have with Shazam
• for statistical analysis and conducting market research, and
• for any other ancillary services.

To maintain customer service standards and to help with staff training, we may monitor and record calls and messages to Customer Services.

Your profile

When you register on the Website or in the Shazam Facebook Application, we will automatically create a public profile for you on the Website. By choosing to make your profile public, your username and the time/date of your iDs, as well as all material you post on the Website, will become visible to any visitor to our Website. No other personal data is made public. If you want to make your profile private, please update your details on your profile page on the Website.

Any email address or messenger IDs you provide will be used to enable other users to contact you. We will never disclose your email address or messenger IDs.

Disclosure of your personal information

We will not disclose, sell or otherwise share your personal information. We may, however, disclose your personal information to comply with a legal, regulatory or governmental requests, requirements or processes, to enforce these Terms, to provide the Services or to deal with fraud, security or technical issues.

If Shazam or its business is sold or transferred to another legal entity, your personal information may be disclosed to the new partner or owner.

Due to the global nature of the internet, your personal information may be transferred to countries outside the EU whose legal systems do not offer the same protection for your data as the laws of the UK and by using the Services you agree to such transfer.

Marketing

Shazam and its carefully selected partners may also use your email address and mobile number to send you updates newsletters and news about our Website and Services, as well as news about products or services that may interest you. By creating a profile or using the music recognition services you consent to Shazam or its partners sending you such materials. If you do not want to receive updates, newsletters or other notifications from Shazam or its partners, please let us know by emailing us at if you are a registered web user or by texting STOP to 83118 if you are a mobile user.

Promotions & Competitions

From time to time we may run promotions or competitions and in order to take part, you may be required to provide personal information, such as your name, email address, address and mobile phone number. Such information may be transferred to our partners and when we collect your information we will let you know which company will be using your information and whose privacy policy applies.

Use of your non-personal information

Non-personal information collected by us is used to manage the Website, track usage and improve the Services. This non-personal information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes.

Cookies

We use "cookies" on our Website. Cookies allow us to store and retrieve login information on a user’s system and provide us with data on your usage of our Website; this data helps us to improve our Website and our Services. Most browsers are initially set up to accept cookies, but you can usually set your browser to prevent this happening. However, you may not be able to take full advantage of our Website if you do so.

Links & Third Party Advertising

The Website contains links to third party sites and Shazam iD may contain third-party advertising. Shazam is not responsible for the privacy policy or for any matters relating to such third party sites or advertising.

Our advertising partners may set cookies which may collect information about which third party advertisements you click on. This information is used to enable advertisers to deliver more targeted advertisements. Any cookies used by our advertising partners are covered by the privacy policy of the relevant advertising partner.

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General

Regulatory body

We comply with the Code of Practice of PhonePay Plus which regulates the content, promotion and overall operation of all premium rate telecommunication services in the UK.

Customer services

If you have any queries regarding your downloads, ringtones or our Services generally, please contact us.

By phone:	0845 600 3956 open 9.00am to 5.30pm Monday to Friday Calls charged at local rates, but charges may vary according to your service provider.
By email:
By post:	Customer Support Charles House 4th Floor, Block F 375 Kensington High Street London W14 8QH United Kingdom

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Contacting Shazam

Unsolicited Ideas and Feedback

Shazam welcomes your feedback on what we are currently doing (both positive and negative). If you want to send us your feedback, we ask that you use our contact form. Any feedback you provide to us can be used by us on an unrestricted basis and treated by us as non-confidential.

Please note the following caution. Please do not tell us anything that contains new or original ideas, in respect of which you might want, now or in future, to claim any form of proprietary rights. Please do not submit any such ideas, original creative material, suggestions or other work in any form to Shazam. We ask this because we want to avoid potential misunderstandings or disputes if our products might seem similar to ideas submitted to us. If, despite our request that you not send us your ideas, you still send them to us, then regardless of what you say to us, the following terms will relate to them:

You agree that: (1) your submissions and their contents will automatically become the property of Shazam, without any compensation to you, you will not assert against us any rights or ownership and you will not claim any reward (financial or otherwise) in respect of any such submissions; (2) Shazam may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Shazam to review any material that you submit to us; and (4) there is no obligation to keep any such material confidential.

General Terms

Assignment

Shazam may assign its rights and obligation has under these Terms without your prior consent. You may not assign your rights and obligations under these Terms.

Invalidity

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.

No warranties

Use of the Website, the Shazam Applications, the Shazam Content and the Services is at your own risk and the Website, the Shazam Applications, the Shazam Content and the Services are provided on an "AS IS" and "AS AVAILABLE" basis. Shazam (and its suppliers) are not liable for any damages which arise out of the use of or inability to use the Website, the Shazam Applications, the Shazam Content or the Services. Shazam (and its suppliers) exclude all representations and warranties, whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Shazam further expressly excludes any warranty that the Website, Shazam Applications, Shazam Content or the Services will meet your requirements and will be uninterrupted, error-free, timely, or secure, that defects or errors will be corrected, that the Website, Shazam Applications, Shazam Content or the Services are free of viruses or other harmful components, and that the use of or the results of the use of the Website, Shazam Applications, Shazam Content or the Services will be accurate, timely, or otherwise reliable.

Liability

To the extent permitted by law, Shazam will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website, the Shazam Applications, Shazam Content or the Services.

Under no circumstances will Shazam, its parents, subsidiaries, and affiliates, Shazam’s suppliers and their respective owners, officers, managers, members, agents, and employees, be liable to you for loss of profits, business interruptions, loss of business information, or other pecuniary loss, or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use, the Webiste, Shazam Applications, Shazam Content or the Services, whether or not Shazam has been advised of the possibility of such damages or loss and in any event, our liability to you shall be limited to one pound (£1) in respect of the Shazam Applications and fifty pounds (£50) in respect of the Services.

Nothing in these Terms shall be construed so as to exclude or limit the liability of Shazam for death or personal injury as a result of the negligence of Shazam.

Nothing in these Terms shall affect your statutory rights as a consumer.

Termination

Shazam may at any time terminate your account or prevent you from gaining access to the Website. If Shazam terminates your account, we may immediately delete all the files and information on your profile and prevent you accessing your profile. We will use reasonable efforts to give you notice of termination or suspension of our Services, but this may not always be possible. Shazam will not be liable to you or to any third party for termination or for any permanent or temporary suspension of our Services.

Notices

Shazam may provide you with notices regarding the Services or these Terms by post to any address you have given us, by email, by SMS message or by postings to the Website.

Governing Law

These Terms are governed by English Law and you and Shazam submit to the exclusive jurisdiction of the English Courts for all matters arising in connection with these Terms.

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Offers

Shazam iD FREE 30 day trial

If you text SMART to 80805 (texts will be charged at your usual operator rates), you can download Shazam iD for a FREE 30 day trial. You must be 18+ years or have the bill payer's permission. The trial is not available to existing Shazam subscribers or to Shazam employees. Your existing operator charges will still apply and each time you use or attempt to use the music recognition services using Shazam iD, you will send or receive data which your network operator will charge at your usual data rates. Following expiry of the trial period, you will be offerred membership of Smart Club. Shazam's usual terms and conditions also apply.

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