Terms & Conditions
By visiting and/or using the website(s) (of) primephonic (www.primephonic.com and subsites) and related sites and by using the primephonic service to purchase downloads, streams or products on this website you are deemed to have read and agreed to the following terms and conditions.
The following company provides the services, owns the website(s), delivers the products in all countries outside of USA and is the contractual counterparty with all customers living outside of USA.
E . firstname.lastname@example.org
T . +31 (0) 20 369 76 79
Registered by the Chamber of Commerce in The Netherlands: 61197041 (BTW nr NL 854249394B01)
Our services in the USA are rendered by a subsidiary company. For purchases, downloads or streaming subscriptions made within the USA – and regarding customers living inside the USA – the contractual counterparty is the following subsidiary of:
Primephonic USA Inc.
529 5th Avenue
New York, NY 10017-4608
Whenever it is unknown if a person lives in or outside the USA (or from or to where the services are rendered), the contractual counterparty is Primephonic B.V. in The Netherlands. Both companies (as aforementioned) can invoke the rights and duties deriving of these Terms and Conditions against any Client and user of any website of The Company.The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
- “Service(s)” refers to any service rendered on or through the website(s) (of) The Company (primephonic.com and subsites) and related sites and any services rendered by accessing the servers owned or hosted on behalf of The Company, including Downloading or Streaming and/or buying Digital Content on or through the aforementioned website(s);
- "Client", “You” and “Your” refers to you, the person accessing and/or using this website(s) , downloading, streaming and/or purchasing products on the Primephonic platform and (thereby) accepting the Company’s terms and conditions;
- "The Company", “Ourselves”, “Primephonic”, “We” and "Us", refers to 1) Primephonic B.V. in The Netherlands (as aforementioned) in regard to consumers living in countries outside of USA or 2) refers to Primephonic USA Inc. in the United States of America (as aforementioned) in regard to consumers living in the USA;
- “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves;
- “Digital Content” refers to all content on and/or made available through the Primephonic platform and websites, e.g. songs and artwork, downloads and streams;
- “Download(-ing)(-en)” refers to any technique or technology whereby a (copy of) the Digital Content, or a part thereof (e.g. recording, song), are/ is distributed to the hardware or (peripheral) devices of Client (“permanent transfer of data”), in the broadest sense;
- “Stream(-ing)(-en)” refers to any technique or technology whereby the Goods, or a part thereof (e.g. recording, song), are/ is displayed or performed on / through a device used by the customer of the Company and/or a device used by Client, with only a temporary transfer of data, in the broadest sense, which also includes offline availability;
- The terms Downloading and Streaming are used interchangeable in this document, except when explicitly stipulated otherwise;
All terms refer to – and are applicable regarding – the offer, acceptance, subscriptions, purchases, visit(s) to the website(s), rendering of Services and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated Services/products, in accordance with and subject to, prevailing Dutch Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. In all cases the meaning with or without the capital letter is the same (e.g. “You” and “you” refer to the same).
1. The Service
The Company offers high quality classical music that can be bought via a download or stream. The Company owns or controls the exploitation rights to the Digital Content and products that are offered, and you must use them in accordance with these Terms and Conditions. We do not guarantee that the Digital Content will be compatible with any particular portable device, media server, or other software or hardware product. Please check our FAQ and Download-Guide for compatibility prior to purchasing Digital Content from us because no refunds will be given for purchased Digital Content, as it is not able to return the Digital Content after download or stream (see point on “No right of revocation” as well).
The use of the Services requires a high-speed internet connection (and/or an internet service for mobile phones/ devices) and requires (peripheral) devices, such as tablets, pc’s and music devices. The connections are not provided by The Company nor will these devices be provided by the Company. You must subscribe to such (a) (internet) service(s) at your own costs and you have to acquire such devices – as all the hardware and software required, advised or desired – at your own costs and for your own account.
2. Use of the Services
2.1 License to Download
Upon your payment of our fees for Digital Content or Product, we grant you a personal non-exclusive, non-transferable, revocable license to use the Digital Content or Product for your personal, non- commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You have the right to download the file three (3) times. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use. You agree to provide accurate, current, and complete information required to register with the Service ("Registration Data"). You further agree to maintain and update your Registration Data and Account Information as required to keep it accurate, current, and complete.
Article 2.1 does not apply for Streaming, nor for subscriptions, such as monthly subscriptions, free trials or other agreements that grant the right to stream Digital Content. In that case you are granted a personal non-exclusive, non-transferable, revocable license to use the Digital Content or Product for your personal, non- commercial, entertainment use. You are not allowed to reproduce, copy, store, transfer, burn etc. the Digital Content, but only to listen to and experience the Digital Content during the time the subscription is valid. This also applies for Digital Content that is made applicable offline (but you did not pay for as a download; see article 2.1).
In all cases (2.1 and 2.2) you represent, warrant and agree that you will use the Service only for your personal, non- commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this article or this Term & Conditions. You agree not to infringe the rights of the Digital Content's or Products’ copyright owners and to comply with all applicable laws in your use of the Digital Content or Products. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content. You are not granted any (right to) synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content or Products. You acknowledge that the Digital Content and Products embody the intellectual property of a third party and is protected by law.
The Company may terminate your rights to any or all of the Service, products, and Digital Content, without any compensation, if any information you provide is false, inaccurate or incomplete and/or if you breach any of the obligations under this Terms & Conditions, do not fulfill the obligation of payment (and e.g. your payment is bounced or deemed invalid), or (otherwise) act contrary to the interests of The Company. You agree that The Company may store and use the registration data and account information you provide.
3. Reservations of Rights
Except for the rights explicitly granted to you in the Terms and Conditions, all right, title and interest in the Service, Products, and Digital Content are reserved and retained by The Company.
4. Price and Payment
Our prices are based upon the EURO (€) and if applicable already include the value added tax. For our clients in the USA the price will be shown in US Dollar ($). The final price – if applicable including shipping costs – is shown in the shopping cart. The Service supports payments by using VISA, MasterCard and local payment methods. Our payment service provider utilizes up to date technology to ensure that your payment information is treated in a secure and professional manner. The costs of payment will be charged to customer; before payment these costs will be (made) visible.
Subscriptions fees are due monthly and are due in advance. A subscription is automatically renewed every month if the subscription is not terminated before the 1st of the calendar month. Primephonic reserves the right to increase the price of subscriptions. Any price increase will be announced on the website(s) at least 15 (fifteen) days before it becomes effective. In such case, you are not willing to accept the increase in price, you can terminate the subscription through your account on the website(s). If the subscription is not terminated (in time; see before), the new price will be applicable to the subscription.
Any increase of VAT or any new applicable tax will be imputed and impacted automatically and immediately on prices, including subscription prices.
5. Cancellation Policy – No right of revocation
5.1 No right of revocation
You agree to the applicability of the legal terms on “digital content on a non-material bearer” as stipulated by (Dutch) Law for all Digital Content. You expressly recognize and agree that the supply of the Service / delivery of the products starts immediately after payment or availability of download (whichever occurs first). Consequently, no request for revocation, cancellation or refund will be accepted after such event. You expressly (agree to) waive the right of revocation (no return with a refund). Digital Content (items that are downloaded or available for download) and the agreement to purchase the (license for non-commercial use of) downloadable or downloaded Digital Content can not be cancelled after the Digital product has been made available for download. The same applies for streams and other Digital Content.
You acknowledge that use of Digital Content may require the use of other hardware and/or software products; the acquisition and use of such hardware and/or software is always for your own account and or your own risk. Once Digital Content is purchased and you receive the Digital Content, it is your responsibility not to lose, destroy, or damage the Digital Content, and The Company shall be without liability to you in the event of any loss, destruction, or damage. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact The Company customer service. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice. We do not guarantee that streaming / streams is / are always available, nor that we keep streams available to access online.
Unless otherwise stated, the Services are available Worldwide, unless mentioned otherwise on the website(s) and/or in the description of the Digital Content. The Company does not guarantee, represent, or warrant that your use of the Services will be uninterrupted or error-free, and you agree that from time to time The Company may remove the Services for indefinite periods of time, cancel the Services at any time, or modify or ameliorate the Services, without notice to you and without liability to you.You acknowledge that Digital Content can be made available for certain regions only. The Company is not required to make Digital Content available in your region – nor in other regions – and you are not entitled to any deduction, compensation or whatsoever when Digital Content is not available or only available in certain regions. The same applies for the availability of different qualit(y)(-ies) of the Digital Content, file formats, etc. and the same applies if your ISP or transmitting entities (such as providers of internet) block, delay or charge (a compensation) for the (internet) traffic (or other services) required for (access to) the Services and/or access to the Digital Content.
7. Privacy Statement
In no case shall The Company its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the Services or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any Digital Content or other content or Product posted, transmitted, or otherwise made available via the Services.
The Company does not represent nor guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and The Company disclaims any liability relating thereto. You shall be responsible for securing and backing up your own system (e.g. antivirus software, firewalls, passwords etc.).You acknowledge the specific risks and the confines and limitations of the internet network. The Company disclaims liability for the dysfunction of the Service access, the opening and consultation velocity of the Site pages, the listening velocity of the tracks, the temporary or final inaccessibility of the Service, and the fraudulent use by third parties of the information provided on the Site. You need to protect your personal data and information or other equipment (e.g. peripheral devices) notably against any form of intrusion and/or virus contamination, for which The Company can never be held liable.
More broadly, The Company disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which (may) prevent the good execution of the orders. The Company disclaims liability in case the Service would turn out to be incompatible with certain equipment and/or functionalities of the equipment of the user. Finally, You are solely liable of his use of the Service and cannot hold The Company liable for any claim and/or procedure made against him. You shall indemnify The Company against every claim, complaint or objection and more broadly any proceedings filed against The Company by a third party in relation to your use of the Service.
9. Subscriber Content
You are solely liable for any messages, communications, content, images, material, data or information that you publish or provide on the website(s) or through the Services ("Subscriber Content"). By transmitting or submitting any Subscriber Content while using the Services, you affirm, represent, and warrant that such transmission or submission is:
a) accurate and not confidential;
b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Subscriber Content;
c) free of viruses, adware, spyware, worms or other malicious code; and
You further affirm, represent and warrant that your Subscriber Content:
a) does not contain content or material that is threatening, pornographic, defamatory, obscene, hateful or racist
b) is not intended to harass any third party,
c) does not contain advertisement and/or solicitation for any third party, products and/or Services and
d) does not contain any unsolicited or spam messages.
You guarantee that you own your Subscriber Content. You hereby grant The Company a perpetual and irrevocable worldwide, fully paid-up and royalty-free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Subscriber Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions thereof.The Company retains the right to review, edit, or delete any (Subscriber) content, for any reason and to the sole discretion of The Company, but does not have the obligation to do so, nor to research if any content is in breach with applicable law or these terms & conditions.
You acknowledge that The Company as well as other users can block or unfollow you. You are not entitled to any deduction, compensation or whatsoever in if (your or other) Subscriber Content is removed, nor if you are blocked, unfollowed or in any other way Subscriber Content is unreachable, unavailable etc.
You agree not to:- Use any automatic system, such as scripts on or regarding the Services and/or Primephonic website(s) or servers ;- Create or use any hyperlink to the Services using the "framing" technique (programming technique offering the possibility to divide browser windows into different independent frames in order to display the content of an external website) or the "in-line linking" technique (programming to make disappear one element extracted from another site, which saves stock space on the hard drive where the Services is hosted and enables to hide from an uninformed user the initial content of which the element is part); or- Artificially use an account, such as to artificially increase the views of certain tracks, including via automated processes such as robots and scripts or via any other means.- use or attempt to use the Services for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; - use or attempt to use any - automated or manual - device, script, program, tool, algorithm, process or methodology (e.g. hacking, use of bots, Trojan horses, spiders, worms, abuse of bugs etc.) to access, acquire, copy, or monitor (any part of) the platform or any data or content found on or accessed through the Services; - obtain (or attempt to obtain) through any means any materials or information on the Services that have not been intentionally made available to a (specific) user; - in any way (attempt to) limit or prevent access to the Services or its content (e.g. Ddos-attacks); - violate the security of the Service or (attempt to) gain unauthorized access to the Services, data, computer systems or networks connected to any server associated with the Services;- interfere (or attempt to interfere) with the (intended and proper) working of the Services or any activities conducted on or through the Services; - take or attempt any action that, in the sole discretion of The Company, imposes or may impose an unreasonable or disproportionately large load or burden on the Services or such operation's infrastructure;- use the platform while impersonating another person, or to act on behalf of a corporation or person the user is legally not representing/ able to represent;- bypass or decrypt, by any means, technical protection measures regarding the Digital Content (which measures can be made in order to prevent or limit the unauthorized use of the Digital Content);- to contribute to or tolerate any of the aforementioned activities.
11. Intellectual Property Rights
Copyright and other relevant intellectual property rights exists on all web text, graphics, photographs, trademarks, logo’s, music and artwork relating to the Services and the full content of the Services.
12. General Compliance with Laws
The Service is controlled and operated by The Company from its offices in Amsterdam, The Netherlands. You agree to comply with all local and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
These Terms of Service constitute the entire agreement between you and The Company and govern your use of the Service. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.
14. Governing Law
The laws of Netherlands, govern these Terms and Conditions and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with The Company or relating in any way to your use of the Service resides in the courts of The Netherlands.
© Primephonic 2018, All Rights Reserved.