Shazam Terms and Conditions

These terms can be viewed on the internet at www.shazam.com/tc

Effective November 15, 2012

LICENCE TERMS AND CONDITIONS - APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS

These terms and conditions ("Terms") set out important information regarding the rights, obligations and the restrictions that may apply to you as a user ("User") when you access our website at http://www.shazam.com ("Website") and/ or access, use or download the Shazam digital application (also sometimes referred to under the name of ShazamiD) ("Application") and any services offered in conjunction with the Shazam digital application ("Services") as they are made available on various digital media devices, such as PDAs, cell phones, handheld devices or PCs, ("Devices"), and networks, such as those of mobile operators, internet service providers or cable operators ("Networks"). The Application is a digital application that facilitates the use of Services, which generally consist of a central audio music recognition service that provides songs and artist identification, also called tagging, and other related services such as artist bios, geographical tag charting, recommendation of similar music, etc. and, in some cases, access to related third party applications ("Third Party Applications") and websites ("Third Party Sites") that can be used in conjunction with the Application and/ or Services (for example, e-commerce providers, social networking sites, information and access feature providers). The Website, Application and the associated Services, where not specifically provided otherwise, are supplied by Shazam Entertainment Limited ("we", "us" and "our" as appropriate). We are a limited company incorporated in England and Wales. Our registered office is at: 26-28 Hammersmith Grove, London W6 7HA United Kingdom (registered number: 3998831). You can also contact us by phone: +44 (0) 208 742 6820, fax: +44 (0) 208 742 6821 and email: support@shazamteam.com. VAT number: 766118223.

These Terms may be accessed via the Application directly from your Device or on our Website at http://www.shazam.com/tc.

Any translations of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English (UK) version.

If you wish to use our Website, the Application and/ or the Services (collectively referred to as "Shazam") you must agree to be bound by these Terms, as set out below, and all and any applicable laws regarding your use of Shazam. You must also pay any charges for the Services which may be applicable.

IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE SHAZAM. YOUR CONTINUED USE OF SHAZAM (INCLUDING, BUT NOT LIMITED TO, THE DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES AND/ OR USE OF THE SERVICES) NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL BE DEEMED ACCEPTANCE BY YOU OF THESE TERMS AND ANY SUCH CHANGES, OR MODIFICATIONS. YOU AGREE TO USE SHAZAM ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY LOCAL BINDING POLICIES OR GUIDELINES.

IMPORTANT: BY DOING ANY OF THE FOLLOWING ACTS YOU AGREE TO BE BOUND BY THESE TERMS:

Please note:

  1. In the event that you are or become a paying customer of any part of the Application and/ or Services or any other product part of the Shazam offering, we will provide to you relevant information regarding price, delivery procedure and cancellation options on a case by case basis, before completing the payment for your purchase. Any purchase will be effective upon the processing of your payment.
  2. Once you start using Shazam, you hereby agree to waive any right to a limited period in which you could revoke your purchase or claim a refund upon cancellation of your purchase (also known as a cooling off period) (if any) available to you under any applicable e-commerce regulations or consumer protection laws. In the event a waiver of these rights is prohibited under the law, this cooling off period shall be limited to 7 days.
  3. Each time you attempt to interact with Shazam, such as when you tag a music track for example, you will send data for which your Network will charge at your usual data rates.
  4. Unless otherwise specifically provided by us, our licence to you under these Terms is personal to you and allows you to access and use the Application and the Services only on the Device on which the software was first installed. The licence is not transferrable to another person or another Device without our agreement, which will only be given in exceptional circumstances, or if otherwise expressly provided in these Terms.
  5. Certain versions of the Application are distributed in a form that limits the availability of some of the Services that can be accessed from that version and/ or some of the Service features. Such an instance is when the Application imposes a limit on the number of tags or tag attempts that can be made in any period. Details on Services and feature set and any limitations on use for your version of the Application are accessible via the Application from your Device and/ or from the source where you originally obtained the Application.

PROTECTION OF MINORS

To use Shazam you must be aged 13 or older. Additionally, if you are under 18, you must get the permission of your parent or guardian and the person who pays your mobile phone bills (if different) and get them to agree to these Terms on your behalf before you use Shazam and before you provide any personal information to us. Also, to use some of the Services you may be asked to register with us and provide certain personal details. See the section on privacy below regarding what we do with this information.

You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and have obtained all necessary third-party consents, licences and permissions necessary to enter into and fully perform your obligations under these Terms. In the event you are reading these terms to provide permission to a minor to use Shazam, you also represent and warrant that you have the full authority to act on behalf of the service user and that you are either more than 18 years of age and contracting for yourself or are the parent or guardian of the person who will use the Services and are entering into this contract to cover their usage. In any case, you affirm that you are, or the person who will use Shazam (where you are the parent or guardian of that person) is, over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use Shazam. If you are the parent or guardian of a person under the age of 13 then please do not let that person use Shazam. Your access to the Services may be deleted or blocked without warning if it is found that you are misrepresenting your age or the age of the person using Shazam. In this case your membership account and all related data may also be deleted without warning. Your access to the Services is solely for your personal use, and you must not authorize others to use your account.

USAGE POLICY

Even where there is no limit imposed in the Application on the number of tag attempts that can be made, you nevertheless, agree to use the Services fairly. This service is meant for non-commercial use only and it is a breach of our usage policy if you send excessive music tag requests that lead to an over-allocation of system resources.

We will regard more than 300 attempts to tag music in any month, where we deliver tag results to you by SMS, and 1,000 attempts to tag music in any month, in any other case, to be a breach of our usage policy. If you breach the usage policy, we may cease to provide our Service to you without further notice. In that event we may, but are not obliged to, inform you by an SMS message or other suitable means, free of charge, that you have breached the usage policy.

If you breach the usage policy and are using Shazam via a subscription package, we may immediately terminate your current subscription package by giving you reasonable prior notice, where practicable. We will inform you, free of charge, that you have breached the usage policy and then terminate or suspend your current service account or bring your current subscription period to an end. Specific rules relating to individual subscription packages may be notified on our Website.

You agree to provide true, accurate, current and complete information about yourself any time you are prompted by Shazam to fill a registration form (for example your name, email address, and certain demographic information) and to maintain the accuracy of this information (such information being the "Membership Data") throughout the period you use Shazam. If you do not, or we have reasonable grounds to suspect that you have not, we have the right to suspend and/ or terminate your account and refuse any and all current or future use of Shazam. Membership Data and certain other information about you are subject to our Privacy Policy.

When you register on the Website or within the Application, we automatically create a profile for you, which may only be viewable by the other Users if you so choose. By choosing to make your profile public, your username and the time/date of your tags, as well as all material you post on your profile, will become visible to any visitor to the Website and/ or the Application. No other personal data is made public by us. If you want to make your profile private, you may update your details on your profile page on the Website and/or Application to reflect your choice where available. Shazam is available for your personal use only and you may not use Shazam for any commercial purposes. We may restrict or terminate your access to Shazam, at any time, without notice, if you are in breach of these Terms.

We may change, suspend or discontinue any aspect of Shazam at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Such changes will be notified with reasonable notice, where they are material and where practicable, and you will have the opportunity to terminate the service should you not accept the new Terms. Where these changes or suspensions would amount to a complete termination of the Services you may be entitled to a refund of the reasonable part of any charges paid by you.

Continued use of the Application and/ or Services may require a download of new releases of software with different functionality and that may have different licence terms.

You agree not to misuse Shazam and, in particular, you agree that you will not: (i) post or distribute any offensive, obscene or otherwise inappropriate material which may cause offence to others on grounds of race, religion, ethnicity or sex; (ii) post or distribute any material that is unlawful or which threatens or encourages illegal activities or which harms the rights of others; (iii) post or distribute material which is not your own; (iv) post or distribute any material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party; (v) post or distribute any unsolicited advertising material, 'junk mail', 'spam', 'chain letters', or 'pyramid schemes'; (vi) defame, harass or stalk others or encourage such behaviour; (vii) harm, or attempt to harm, minors in any way; (viii) impersonate any person or entity or create a false or misleading identity; (ix) access, or attempt to access, the accounts of others; (x) breach, or attempt to breach, our security measures, or penetrate or attempt to penetrate our computer software, hardware, electronic communication system, or telecommunications systems; (xi) collect, attempt to collect, or use other members' personal information; (xii) engage in any activity which adversely affects the ability of other people or systems to use the Shazam or the internet generally; (xiii) cause any nuisance or cause the operation of Shazam to be jeopardised or impaired; (xiv) 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; (xv) modify, adapt, translate, or reverse engineer any portion of Shazam or its contents, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Application, save only to the extent permitted by applicable law; or (xvi) use the Shazam for any improper, unlawful or immoral purpose.

LOCATION BASED SERVICES

Where we collect location-based information, we will generally do it on an anonymised basis for the improvement of our Application or Services. You consent to our use of anonymised location based services information collected from you.

Where we collect location-based information that is personally identifiable we will give you options to manage your disclosure of this information within our Application or on your Device. Depending on your version of Shazam and the functionalities available on your Device you may benefit from advanced options to manage the disclosure of location-based information.

Where this technology is used in conjunction with any Third Party Applications or Sites further information on usage policies and options management shall be available from such third parties. It is your responsibility to find, read and understand the usage policies of these services, get fully familiar with all the available disclosure options and manage these in a way that fits your purposes.

As a separate issue, you may receive contextual advertising from us. Please see the Section on ADVERTISING

THIRD PARTY APPLICATIONS AND SERVICES

Shazam may enable you to use functionalities of Third Party Applications and/ or to link to Third Party Sites that are not owned or controlled by us. Content, products and services that are part of any Third Party Applications and/ or Sites to which we may connect (including but not limited to, social networking sites, sites on which you can view content and from which you can make purchases, or record a geographic location that you find yourself in) are subject to the terms and conditions of the relevant application and/ or website. We have no control over and are not responsible or liable for any matters relating to your dealings with such third parties.

We are not responsible for and have no control over any third-party content, syndicated content, applications, services, advertisements, links, privacy policies and/ or practices of any such third-parties that may be found through Shazam. In addition, we will not and cannot censor or edit the content of any Third Party Applications and/ or Sites. By using the Services, you acknowledge that we do not to incur any liability arising from your use of any Third Party Applications and/ or Sites. Accordingly, we encourage you to be aware when you leave Shazam and to read the terms and conditions and privacy policy of each and every other Third Party Application, Site and/ or other resources that you visit. Any correspondence, business dealings with, syndication, linking or participation in promotions of Third Party Applications and/ or Sites, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content accessed via Shazam or as a result of the failure of such Third Party Applications and/ or Sites to function as intended.

USER GENERATED CONTENT

We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information ("Notice"): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to us at:

Bridget Kerle
Copyright Agent
Shazam Entertainment Limited
26-28 Hammersmith Grove
London
W6 7HA
phone: +44 (0) 208 742 6820
fax: +44 (0) 208 742 6821
email: copyright@shazamteam.com

Please note that this procedure is exclusively for notifying us and our affiliates that (a) your copyrighted material has been infringed, (b) you have noticed any defamatory content published via Shazam or (c) your personal privacy or that of your family has been violated in a manner that contravenes applicable local laws.

Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish or display on our Website and/ or through the use of Services and any such content that you provide or make available to other Users through the Website (collectively, "User Content"). You are responsible for all User Content, as set forth below.

You retain ownership of User Content. By sharing User Content via Shazam (and any Third Party Application and/ or Sites), you grant to us during the entire period of protection of your intellectual property rights associated with such content and material, a world-wide, royalty free, non-exclusive licence to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute, or an equivalent right to use, the User Content via Shazam (and any other Third Party Applications and/ or Sites). We require such a licence in order to provide certain functionality within Shazam (and any Third Party Applications and/ or Sites). This licence will terminate at the time the relevant User Content is removed from Shazam. You will have the option to remove your User Content from Shazam at any time, except in limited circumstances where you contribute User Content to a general section of the Website (such as album reviews) or to a third party profile, in which case you will not have the option to remove it.

By sharing User Content within Shazam (and any Third Party Application and/ or Sites) you warrant that you own all rights in and to the User Content shared by you and that you are not breaching any other party's rights to privacy, publicity rights, copyrights or contractual rights.

Please note that we cannot accept any User Content containing any music, save where expressly permitted by us.

Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and we assume no responsibility or liability for this material. User Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. We have the right but not the obligation to refuse to post, remove or edit any posting or submission User Content. We do not actively monitor User Content and take no responsibility and assume no liability for any User Content.

By submitting the User Content to us, you grant us and our affiliates the right to use the username that you submit in connection with such User Content. You grant to us a revocable, non-exclusive, worldwide right and licence, or another equivalent right to use, all the trademarks, service marks, trade dress, artwork, names, likenesses and biographical material associated with the User Content, your username, or your account in connection with your use of and our operation of Shazam. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and our use thereof on the Website.

The following is a partial list of the kind of User Content that is illegal or prohibited on Shazam. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Website or Services and terminating the access to Shazam of such violators. Prohibited User Content includes content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves commercial activities and/ or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xii) violates anyone's right of privacy; or (xiii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.

ADVERTISING

We reserve the right to deliver advertising to you in conjunction with your use of Shazam and utilise the processor bandwidth and storage hardware on your Device for this purpose.

A cookie is a small amount of data sent from our server and stored on your computer's hard drive. We may use "cookies" (the nature and use of which are detailed in our Privacy Policy) on your browser or use web beacons to collect process or disclose information, in the course of our service delivery or while advertisements are being served to you. This allows us to store and retrieve login information on a user's system and provide us with data on your usage of Shazam and your interaction with the advertisements; this data helps us to improve our Services and enables us or any third party advertisers to deliver more targeted advertisements. Any cookies used by advertisers are covered by the privacy policy of the relevant advertiser. Most browsers are initially set up to accept cookies, but you can usually set your browser to prevent this from happening.

Advertising may be contextual, that is it may be sent to you based on your current location or use of Shazam. Any opt out that you send us in relation to direct marketing communications does not apply to such advertising. In addition, you may receive advertising and promotional information or offers if you respond to a Shazam prompt on radio or television or in audiovisual or interactive media.

Where Shazam contains links to third-party content, applications, services and/ or advertising, we are not responsible for the privacy policy or for any matters relating to such third party products, promotions or advertising, including responsibility for controlling any personal data that you may provide in response to such products, promotions or advertising. We encourage you to check the privacy policies of all third party sites that you visit.

AVAILABILITY OF SERVICES

We will do our best to offer you a smooth service, but we give no guarantees that Shazam will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can.

We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.

New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" being fixed by us and may have other issues affecting availability and functionality.

When you press the “Shazam” button, the Shazam App accesses your device’s microphone to recognise audio and return a tag result. The Shazam App does not send any audio from your device; when Shazam listens it immediately processes the sound into a very small digital file called a fingerprint, which is then matched against Shazam’s database of content and cannot be converted back into the original audio. When “Auto-Shazam” is switched on, the Shazam App automatically listens and processes fingerprints and matches. It is normal to see a red flashing bar or other indication that Shazam is using the microphone in the background. The Auto-Shazam feature can be switched off at any time.

LEGAL PROTECTION AND LIMITATIONS

You acknowledge that Shazam (and any other applications) licensed by us to you are our property (and the property of our supplier, Landmark Digital LLC ("Landmark")). You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use Shazam or any Third Party Application for the purpose of accessing and using the Services. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application. You will not copy any part of Shazam or any Third Party Applications and/ or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Shazam to any person.

You agree to not use Shazam to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt Shazam or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of Shazam; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.

You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of Shazam and/ or any Third Party Applications.

You agree to not use Shazam or export any portion of it in violation of U.S. export regulations.

You represent and warrant that 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 you are not listed on any U.S. list of prohibited or restricted parties.

Any content provided by us as part of Shazam, including but not limited to ringtones, lyrics, artist information and downloads contains copyrighted material, trademarks and other proprietary rights belonging to us and our licensors. All right, title and interest in and to such content vests in us and our licensors. You are granted a limited, revocable, non-exclusive licence to display that content as part of the Services solely for your personal use. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part.

YOUR USE OF SHAZAM IS AT YOUR SOLE RISK. SHAZAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND LANDMARK EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND LANDMARK MAKE NO WARRANTY THAT (i) SHAZAM WILL MEET YOUR REQUIREMENTS, (ii) DELIVERY OF ANY PORTION OF SHAZAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SHAZAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) ANY PORTION OF SHAZAM OR ANY OTHER APPLICATION PROVIDED BY US OR LANDMARK WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SHAZAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

By using Shazam, you acknowledge that you will have no recourse against Landmark.

Under no circumstances will we or Landmark or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data 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 Shazam (and any other applications) which we license to you, any content delivered to you or Shazam, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a 3 month period or the maximum amount of fifteen dollars ($15), whichever is higher.

Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only the above disclaimers, limitations or exclusions may not apply to you to their full extent.

You hereby indemnify and hold harmless, and upon our request, defend, us, our affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us and our affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your direction.

Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence.

Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.

Where we actively promote and sell our products outside of United Kingdom we will endeavour to comply with mandatory local regulations of public policy and consumer protection, but disclaim all and any liability, apart from the liability assumed within these Terms, to the maximum extent permitted by law.

PATENT NOTICE

This Application and the features and services accessible via the Application, may be covered, without limitation, by one or more of the patents listed here, as may be updated from time to time.

GENERAL

These Terms are not intended to give rights to anyone except you and us, unless otherwise expressly indicated by us within these Terms. We may assign our rights and obligation under these Terms without your prior consent to any new provider of the Shazam.

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.

You may at any time unsubscribe or cancel your Shazam account, subscription or any other relationship with Shazam which is being governed by these Terms via the cancellation method notified to you at sign up. Please note, however, that Shazam will not make any refunds, except in exceptional circumstances involving material breach on our part, and you will remain liable for payment of any part of the Shazam Services that you have already used or previously committed to.

We may at any time terminate your account or prevent you from gaining access to Shazam. If we terminate 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 access to Shazam, but this may not always be possible. We will not be liable to you or to any third party for termination or for any permanent or temporary suspension of any of the Website, Application or Services. In the event you are a paying customer and our Services to you are terminated you may be entitled to a refund of the reasonable part of any charges paid by you.

We will not be liable to you or to any third party for any failure, suspension and/or termination of access to Shazam in connection with or arising out of a force majeure event including, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.We may provide you with notices regarding Shazam or these Terms by post to any address you have given us, by email, by SMS message or by postings to the Website.

These Terms and the relationship between you and us shall be governed by the laws of England and Wales without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of England and Wales.

"Shazam" and "ShazamiD" are trademarks and registered trademarks of Shazam Entertainment Limited.

We may amend these Terms at any time by posting the amended terms on our Website and/ or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version the Terms will be included at the top of the Terms page. If you continue to use the Application and/ or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.

If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at support@shazamteam.com. Alternatively, you can also phone our Customer Services in the UK at 0845 600 3956 or +44 (0) 208 742 6820 - open 9.00am to 5.30pm Monday to Friday (UK times) or contact us by post at Customer Service, Shazam Entertainment Limited, 26-28 Hammersmith Grove, London, W6 7HA. If calling from outside the UK see http://www.timeanddate.com/worldclock/dialing.html for guidance on dialling codes. Charges may vary depending on your location and service provider. To maintain customer service standards and to help with staff training, we may monitor and record calls and messages to Customer Services.

PRIVACY POLICY

We are Shazam Entertainment Limited, a company registered in England under number 3998831 and we want to bring you the best media engagement service available. To do this, we (and some of our advertising partners) ask for data about you and also create data about your use of Shazam. This policy tells you what we do with that data. If you want to jump to a particular section of the policy – click on one of the links below:

  1. What data do we collect and how?
  2. How do we use your personal data?
  3. Sharing data with third parties – key facts and how to opt-out
  4. Links to other websites
  5. Use of cookies
  6. Sorry kids, over 13s only
  7. How to access and correct your data (and a special note to Californian residents)
  8. Changes to this Shazam privacy policy
  9. English version prevails
  10. Current third party partners

If you have any questions or suggestions regarding our privacy policy, please contact us via email at privacy@shazamteam.com or via postal mail to: Privacy Team, Shazam Entertainment Limited, 26-28 Hammersmith Grove, London W6 7HA United Kingdom.

  1. What data do we collect and how?

    We will sometimes ask you for personal data (such as your name, telephone number and date of birth) when you create a Shazam registration or when you click to participate in certain activities (e.g. to take advantage of offers). We also automatically receive and track certain data about your mobile device (such as your device-type and language preference) and we may create a unique device ID for you so we can recognize you . In some cases we can automatically detect your location data, but we won't use this unless you give us permission to do so. If you connect with Facebook or another social network via the Shazam app, we may also receive some data from that network (e.g. your Facebook ID, name, profile picture, gender, age, locale and email address).

  2. How do we use your personal data?

    We may use your personal data for the following purposes:

    1. to provide you with services including "Shazam Friends" and the display of customized content, and targeted advertising both on our apps/websites and on other apps/websites that we advertise through,
    2. to communicate with the Shazam products and services and customer service issues,
    3. to determine when you link from our app to one of our partner apps, so that we can monitor the level of traffic that we generate for our partner apps,
    4. to ensure the technical functioning of our products and services,
    5. to protect Shazam’s copyright,
    6. to enforce our Terms and Conditions of Use,
    7. to comply with laws, requests from a government bodies or courts, or to respond to litigation, and
    8. to enable us to use a third party to perform surveys measuring your experiences and use of our services.

    We may also encrypt and/or aggregate your data with other users' data in order to create statistics about the general use of the Shazam apps and websites, which helps us to develop new products and services. We may also share this aggregated data with our business partners and third party advertisers.

  3. Sharing data with third parties – key facts and how to opt-out

    Third parties (such as companies who advertise through our apps) may require you to provide your personal data in order to access their products, adverts and offers. If you visit or register for a third party product, advert or offer, we may pass some data about your device to that third party (e.g. your tag history and country of registration) so that they can send you offers. However, we won't pass your email address or other contact details to these sorts of third parties without your permission. We may also offer you the opportunity to participate in reward programmes, where you can collect points for using our app. These reward programmes are administered by a third party and you will have to link to the third party's app in order to view and redeem your points. Any data that you supply to this third party and your activity in reviewing and redeeming points will be governed by the third party's own terms and privacy policy.

    Any third parties’ use of your personal data is governed by their own privacy policy (which should be accessible from their website or application). If you do not want third parties to be able to access or use your personal data, you should not register for, click on or use the applicable third party application or product.

    Sharing with social networks

    If you connect your Shazam account to Facebook or Google+ and thus activate “Shazam Friends,” your name and your profile picture will be shared with other Shazam users. Further, your Facebook friends may be able to use the Shazam apps to search for or view your Shazam profile and the data contained therein, such as your tags and other activity including date/time. Go to the "preferences" screen to see your options to adjust the access levels to the data in your Shazam profile but, again, if you don't want a social network to get any access to your data, do not connect to that network via Shazam.

    Sharing with other third parties

    See the section below titled “Current Third Party Partners” to find out which third party partners Shazam currently has relationships with. This section will tell you what these third parties do and what data they use.

  4. We may display links to third party websites. Please note that we cannot control and cannot be held responsible for the activities of such websites. You should always read the privacy policy of a website to find out more about how personal data is collected and processed.

  5. Use of Cookies

    Like most web sites and mobile applications, we use cookies to track site usage, to send you adverts and to customise your experience of Shazam. A cookie is a tiny text or graphics file that resides on your computer, mobile phone, or other device, and allows us and/or our business partners to recognise you as a user. For more detail on how businesses use cookies on websites, please see www.allaboutcookies.org. You can find an overview of the various types of cookies used by Shazam and/or our business partners, in the table below.

    Cookie TypePurpose
    Essential OperationalThese cookies are necessary to allow us to operate the Shazam websites and apps as you have requested. These cookies, for example, let us recognize what type of subscriber you are and then provide you with the services to which you are entitled.
    PerformanceThese cookies are used by us or our business partners to analyse how the Shazam websites and apps are used and how they are performing. These cookies do not let us identify users (as all user data is aggregated). They are also used to monitor when you link from our app to one of our partner apps so that we can check what levels of traffic we are generating for our partner apps.
    FunctionalThese cookies let us operate certain functions of the Shazam websites and apps in line with the choices you make. These cookies mean that we can "remember" you in-between visits – e.g. we will recognize your user name and remind you how you customised our services and what music you enjoyed on your last visit.
    Targeting/advertisingThese cookies are used by us and our business partners to send you adverts when using the Shazam websites and apps and to target those adverts to you and your interests. In doing this our business partners may use the profiles they have developed of other apps and websites that you have previously visited. These cookies may also help us and our business partners regulate the adverts you receive and measure its effectiveness. If we let our business partners place the cookies for advertising we do not give your name, email address or phone number to those business partners.

    More information is available on the development of user-profiles, the targeting of advertising and how to stop the use of "targeting" cookies. Please see www.youronlinechoices.eu if you are located in Europe or http://www.aboutads.info/choices/ if in the United States. Please note if you delete our cookies or disable future cookies you may not be able to fully use the Shazam websites or apps. If you want to delete any cookies on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. Your mobile operating system should also give you the option to manage your cookies and advertising preferences (this may be found in the "settings" function on your device).

    Our website does not currently support Do Not Track.

  6. Sorry kids, over 13s only

    We take our responsibilities to the online community very seriously. As such, if you are under the age of 13 we have to ask you not to use our apps or websites in any way. We don't knowingly collect data from anyone under the age of 13 and we do not direct any of our products or services at this age group. If we become aware that we have inadvertently captured any personal data about a person who is under 13 years of age, then we will take the appropriate steps to shut down the account of that person.

  7. How to access and correct your data (and a special note to Californian residents)

    You can update your personal data through the Shazam apps and you can ask us about what data we are holding by sending us an email. We will do our best to respond to your request (upon verification of your identity) within a reasonable period of time. California Civil Code Section 1798.83 also permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we disclosed their personal data (if any) for direct marketing purposes in the preceding calendar year and the categories of data disclosed to those third parties. To make any sort of access request, please email or write to us using the details above.

  8. Changes to this Shazam Privacy Policy

    Shazam reserves the right to make changes to this Shazam Privacy Policy, and will post any revisions on this page.

  9. English version prevails

    In the event that this Shazam Privacy Policy is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation. This policy is governed by the laws of England and Wales.

  10. Current third party partners

    Microsoft Operating Systems

    If you are using a Shazam app on a Microsoft operating system, then as part of its relationship with Microsoft, Shazam will provide some of your data to Microsoft (e.g. your geographic location and an anonymous number that identifies your device) for its use in interest based advertising. To learn more about Microsoft’s internet based advertising, including how to opt out, please visit https://choice.live.com/AdvertisementChoice/.

    Jumptap

    One of our advertising partners is Jumptap. Jumptap operates a network of many different apps and websites and allows its partners to share certain encrypted data in order to create better targeted advertising. For example, if Shazam hasn't registered any activity on your mobile device for a while, Jumptap may be able to send an advertising message to your device via a third party's app in order to ask you to give us another chance.

    You can opt-out of Jumptap's targeted advertising. To do so please click the opt-out link below from your mobile device. This should set a Jumptap opt-out cookie on your mobile browser. If you delete this cookie from your mobile browser you will need to opt out again in order to reinstate your opt-out status. If you are using an app, the opt-out will allow you to add your device ID to an opt-out list. Opting out will not stop advertising, but will cause advertisements from Jumptap to be served without reference to data about your activity.
    https://opt.jumptap.com/optout/opt/pages/jsp/privacyPolicyOverview.jsp

ADDITIONAL TERMS THAT ARE APPLICABLE TO USERS OF SHAZAM AS OFFERED BY SPECIFIC PARTNERS AND ARE AN INTEGRAL PART OF THE ABOVE LICENSE

Microsoft

In the event that you have acquired the Application via the Microsoft Corporation ("Microsoft") application store, Windows Market Place,

Additionally, notwithstanding any provision to the contrary included in these Terms, when you acquire Shazam via Windows Market Place you will be able to install the Application on up to five (5) devices that are associated with your Windows Live ID.

Blackberry

In the event that you are using a Device or Third Party Application provided by Blackberry, Ltd. ("Blackberry"),

Additionally, notwithstanding any provision to the contrary included in these Terms, when using a Blackberry Device you shall be able to reinstall the Application in accordance with the rules of the My World repository, which are available within the BlackBerry App World.

Apple

In the event that you are using a Device or Third Party Application provided by Apple, Inc. ("Apple"),

AT&T

In the event that you are using a Device or Third Party Application provided by AT&T Mobility or any AT&T Affiliate (collectively "AT&T"),

ADDITIONAL TERMS OF USE TO SPECFIC SERVICES

Our specific services include music recognition, related applications and music and ringtone downloading services. These services are available via your Device or by accessing our Website. Below are additional important details concerning use of these services, limitations, cost of use and more.

Music Recognition

The Shazam music recognition service is currently accessible by calling 2580 from your mobile ("Shazam 2580"), by using the ShazamiD application ("ShazamiD") or as offered by any of our partners (such as your mobile operator or on line application stores, etc.)

When using Shazam as it is offered by one of our partners, specific terms and conditions may apply, which will be made available to you at the point of access.

Shazam 2580

Shazam 2580 enables you to tag music tracks by calling 2580 from your mobile phone and directing your phone toward the music source for a few seconds. The tag result will be sent to you via SMS.

Shazam 2580 is available as a Pay-Per-Use service or by subscribing to Tag Club.

Pay-Per-Use

When using Pay-Per-Use each successful tag costs £0.50, including VAT, which will be charged by premium rate SMS and will be taken from your pre-pay credit or added to your regular phone bill each month. We may change this fee at any time by posting the new charges on the Website. We therefore encourage you to review the Website regularly to check the cost of this service before you use it.

If the tune you tag cannot be recognised, you will not be charged.

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

When you Tag music on a Pay Per Use basis, we may send you an SMS offering you membership to one of our clubs together with instructions on how to join.

Tag Club

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

Tag Club membership operates as a monthly subscription for Shazam 2580, by which you will be able to tag up to 300 music tracks per month. Your membership to the Tag Club will be automatically renewed for further 30 days periods at the end of each membership period. To interrupt your subscription text STOP to 80805.

From March 24th, 2009, Tag Club costs £3.00 per month. Tag Club subscribers who joined prior to March 24th 2009 will remain on their existing price package.

Service works on all music except live performances.

This service is only available within the UK.

ShazamiD

ShazamiD is a mobile phone application, which enables you to tag music and use related services available within the application.

ShazamiD is a JAVA application that you have either downloaded or was pre-installed on your phone. The application size is 766kB. ShazamiD is only compatible with certain handsets. Click here for more information.

ShazamiD is available with a Smart Club subscription. Smart Club is a monthly subscription service that gives users unlimited use (subject to our usage policy) for £3.00 per month. Initially, the Smart Club subscription was available as a free trial for a 30 days period. At the end of the free trial period you will start being charged £3.00 in advance every 30 days. To terminate your subscription, text STOP to 80805 at any time or call the customer service helpline on 0845 6003956 between 9.00am and 5.30pm weekdays or unsubscribe by following the instructions contained within the ShazamiD application.

Each time you attempt to recognise music using ShazamiD, you will send approximately 2kB of data, which your network operator will charge at your usual data rates.

Please note: 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.

ShazamiD FREE 30 Day Trial is not available to existing Shazam subscribers.

ShazamiD also offers the following additional services: info about the tagged tracks and artist, cover art for tracks, tags sharing via SMS, exclusive music reviews, buy tracks, pre-order new releases, ShazamiD charts.

Charges

Fees for Tag Club and Smart Club 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.

Subscription Cancellation

When you order a subscription your right to cancel ends when the subscription commences. The subscription will be deemed to commence once your account is activated and an SMS is sent to you confirming the same.

Termination of Membership

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

Promotions

We may, from time to time, offer promotional membership of clubs, which are subject to the terms and conditions publicised with the promotion.

Discontinuance of Clubs

We may, at any time, terminate your membership in 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.

MadTags and Shazam Club are two formerly available subscription clubs that have now been discontinued. If you are a former subscriber to any of these services and would like to still be able to use Shazam on your Device please contact our Customer Services.

Website

Registration and Password

Access to some of the Shazam Website services, such as purchasing downloads and ringtones, require that you register with the Website. 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 identified tracks. You may choose to make your profile private on registration on the Website or at any time after registration by un-checking the "Public" box within your Profile in the "My Shazam" section of the Website. 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 addresses 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 prompt you to change your username or deactivate your account, temporarily or permanently, 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.

Downloads & Ringtones

You may purchase music and ringtone downloads via the Website or any Shazam wap site as they are made available by us or one of our partners. Price and specific payment terms will be made available to you at the time of purchase. Orders to buy downloads or ringtones from the Website are subject to acceptance by us or our partners, as the case may be. Orders for downloads will be deemed accepted when you receive confirmation of your order. Orders for ringtones will be deemed accepted when you receive 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.

Shazam does not monitor the content of downloads or ringtones and is not responsible for downloads that may include content that may be offensive to you. You are fully responsible to get yourself informed before the purchase regarding whether such downloads are relevant or appropriate for you.

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

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.

Technology Requirements

Our Website is accessible by using any Current Web Standards compliant browser. 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 partner websites are subject to the terms and conditions of the relevant partner. Our partners may provide audio files in WMA, AAC, WAV or MP3 format. Please check their terms and conditions for any appropriate technology requirements.

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

Tag Lists

If you have created a profile on the Website, you will be able to view your tag list online. If you download the Shazam Facebook Application, you will be able to view your tag list on your Facebook profile and on the WebsiteOnly one mobile phone number may be used to create a tag list but if you change your mobile phone, we will transfer your tag list to your new number upon request when you notify Customer Services of the new number.

Personal Use

These Services are available for your personal use only and you may not use the Services for any commercial purpose. We may restrict or terminate your access to the Services, at any time, without notice, if you are in breach of the Terms.

Unsolicited Ideas and Feedback

We welcome 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 us. 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, you agree that: (i) your submissions and their contents will automatically become our property, 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; (ii) we may use or redistribute the submissions and their contents for any purpose and in any way; (iii) there is no obligation for us to review any material that you submit to us; and (iv) there is no obligation to keep any such material confidential.

Copyright © 2013 Shazam Entertainment Limited. All rights reserved.

Shazam Entertainment Limited, 26-28 Hammersmith Grove London W6 7HA United Kingdom.