Eavesdrop Music - Terms of Use
Please read these user terms carefully
If you join or use the Eavesdrop service you agree to these terms. If you do not agree to these terms, do not use the service.
The Service
The Eavesdrop app allows (Users) to upload sounds, video, artwork and related content (Content) they have created and to share and get feedback from other Users.
About Eavesdrop
We, Eavesdrop Limited (a Company registered in the UK number 13158350) of Electricity House, Colston Avenue, Bristol, United Kingdom, BS1 4TB license you to use the Eavesdrop sounds sharing service (Service) available by App (App) the website at eavesdropmusic.com (website), on these terms.
Where relevant, any reference to Service includes the Service and any Content available on or via the Service, whether accessed from the App or a website and whether via a Party or otherwise.
Your personal data
Under data protection legislation, we are required to provide you with certain information about the personal data we process and your rights. This information is provided in the privacy notice and it is important that you read that information.
Other terms also apply
The way in which you can use the App may also be controlled by additional rules and policies and any additional terms of social media platforms which link to or from the App or website.
Operating system requirements
This App works on Macs and requires OSX 10.11.10 operating system version. We recommend you use Chrome or Firefox browsers. Any other browsers are not supported.
Support for the App and how to tell us about problems
Support If you want to learn more about the Service or have any problems using the website or the App, please contact us at support@eavesdropmusic.com.
Contacting us If you have any other issues or are unhappy with the Service, please email our customer service team at support@eavesdropmusic.com.
How we will communicate with you. If we have to contact you, we will do so by email or via the App.
How you may use the Service and on how many devices
You may download the App and use the Service on multiple devices for your personal purposes only. If you want to use the App and the Service for business or commercial purposes or on unsupported devices, please contact us at support@eavesdropmusic.com. We may provide free supplementary software code or updates of the App incorporating "patches" and software fixes. We are not obliged to provide updates or improvements to the Service, App or website.
The Service is intended for use by Users who are based in the EU and the UK. The Service is not intended for use by Users outside of these areas at this time and you agree not to use the Service if you are outside of these areas.
You must be 18
You must be 18 + to use the Service.
You may not transfer the App or your use of the Service to someone else
These terms are personal to you. You may not otherwise transfer, sell, lease, loan or make available the App or give anyone else access to the App and the Service, whether for money or otherwise. If you transfer, sell, lease, loan or make available any device on which the App is installed to another party, you must remove the App from it beforehand.
How the Service works
Creating a Profile
If you want to share your Content with other Users you need to register with us, choose a user name and password and create a profile (Profile). Once you have created a Profile you will be able to upload Content to the Service.
You can also create a Profile by logging in using Facebook.
You cannot use some/all of the features of the Service without creating a Profile.
You are responsible for keeping your user name and password secure and for all activity using your Profile. If you think someone has accessed your Profile without permission let us know as soon as possible and change your password.
Uploading Content
By uploading your Content you grant us the right to host and store it on our servers in order to make it available to other Users within the Service.
When you upload Content to the Service you will be asked to choose whether you would like it to be public or private.
Public Content can be shared within the Service by any other User. You should only choose this option if you are happy to share your Content with all other Users of the Service and for those Users to share it with other Users. If you mark Content as Public Content then other Users who have created a Profile will be able to click on your Profile and play your Public Content. You grant other Users a licence to play, download (if such features are available) and share your Public Content with other Users in Sessions (as defined below) and to receive Donations (as defined below) for sharing your Public Content in Sessions.
Private Content can only be shared with other Users by you. When you share Private Content to any Session you will be asked if you want to make it available to current and future Users of that Session, or if you just want to share with the current Session Users. If you want to keep your Content confidential you should share it only on a Private basis. You grant other Users in a Session a licence to play, download (if features are available) and share your Private Content with other Users in the Session (current or future) and to receive Donations for this use.
You will be able to see the Users with whom you have shared your Content in your Profile.
Responsibility for Content
You remain the owner of the Content that you upload at all times. You are responsible and warrant that all Content that you upload to the Service:
is your own original work and does not infringe the rights (including any intellectual property rights) of any third party;
is not defamatory, illegal, harmful, offensive or otherwise objectionable;
complies with all applicable laws;
you have the right to upload it to the Service and share with Users in for use in accordance with these terms;
you have obtained any licenses, consents or permissions required; and
any individuals featured in your Content have given their permission for your use of their underlying rights including their voice, likeness, image, mark, name, content, work, video, recordings and/or performance.
We do not monitor Content for compliance with these warranties but if we have reason to believe any Content that you upload is in breach of these warranties, we may remove it without notice and terminate or suspend your Profile without liability to you.
You must not copy, download, reproduce, transfer, modify or share any Content (other than Content you have created and uploaded) other than as permitted by these terms.
Sessions
Only Users with a Profile can share Content by inviting other Users (Guests) to join group video calls within the Service (Sessions).
The User that creates a Session (Host) has the option to turn on video for the Guests so they can view and talk to each other by video. Any video is live and is not recorded. Hosts can also control other features for Guests to the session.
The Host can choose whether a Session is public or private. A public Session can be attended by any User. A Guest can invite other Users to a public session. Any attendee at a public Session can view the User attendee list for that Session. A private Session can only be attended by Guests that the Host has invited. A Guest at a private Session cannot invite other Guests and cannot view the attendee list for that Session.
Guests are invited to a Session either by sending a message within the Service or a link via email. If a Guest does not have a Profile they can be sent an invitation by email to join a Session.
Guests or Users should not make copies of, replay or download Content using the Service.
We do not monitor or control Sessions and we have no responsibility for the actions of Hosts or Guests at a Session.
Content use restrictions
You do not have any rights to reproduce, download, record, amend or otherwise deal with Content made available by other Users other than the limited right to share Public Content with other Users in a Session and comment on Content in a Session. You have no intellectual property rights in, or to, other User’s Content other than this limited right.
Donations
Guests can make a financial donation to the Host of a Session (Donation). If as a Host you want to receive Donations from Guests, you will need to connect your wallet to Stripe (our payment provider) by selecting “Connect +” in the payment settings and enable payments in your payment settings.
The Host can click on the wallet icon in their Profile to see the Donations they have received.
If a Guest wants to make a Donation to a Host during a Session the Guest can click on the £ icon in the Session. The greater the Donation the more prominent your comments within the Session; you will also you get greater characters to use within your comments.
The Host of the Session will receive Donations. This could mean that a Host not the User that created the Content receives Donations (if they are not the same). If you upload Public Content, you should be aware that the Host of any Session in which it is shared, will receive the Donations from that Session for your Public Content; and you will not receive any financial payment or share of the Donations.
Our Commission
We will receive 50% of any Donations (Commission) after any applicable tax. Commission will be deducted before Donations are made available to the Host via Stripe. Stripe will pay the balance of any Donation to the Host in accordance with their terms but usually this is within 7 days of any Donation.
Premium Features
Basic membership of the Service based on these terms is free of charge. We may release additional features or additional terms (such as business use) within the App (Premium Features). You can pay for Premium Features through in-App purchases. We will provide details of how to subscribe and how to cancel any subscription at the time.
Before you buy any Premium Features we will also provide you with information about what you are buying such as the key features, the price, how long any subscription lasts and how to end your subscription (where relevant).
If you buy any Premium Features you will have 14 days from the date of purchase (Cooling Off Period) to change your mind and receive a refund. If you use the Premium Feature(s) during the Cooling Off Period you will have to pay for the Premium Feature(s) used up to the point that you cancel. This will be on a pro-rata basis if the Premium Feature is a subscription.
If you purchase Premium Features, you will need to give us the amount of notice specified in the terms for the relevant Premium Feature to cancel after the Cooling Off Period. If you do not give the correct amount of notice you will not receive a refund for any unused period.
Terminating use of the Service
If you no longer want to use the Service you will need to give us 30 days’ notice and let us know by deleting your account directly on the App, website or by contacting us at support@eavesdropmusic.com. We will remove your Profile and all associate Content and data in accordance with our Data Retention Policy. When your Profile is removed, your Content will be deleted from the Service so you and other Users cannot access it. If you change your mind, or if your Profile is deleted by mistake or otherwise, we can reactivate your Profile and any associated Content only in accordance with our Reactivation Policy.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will notify you of any changes when you next log into the Service via the App or access the website.
If you do not accept the notified changes, you will not be permitted to continue to use the App, website and the Service and you may terminate Service by giving us no less than 14 days’ notice by emailing support@eavesdropmusic.com.
Updates to the App and changes to the Service
From time to time we may automatically update the App and the website and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App, site and/or the Service.
If someone else owns the phone or device you are using
If you use the App on any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We are not responsible for other websites you link to
The Service may contain links to other apps or independent websites which are not provided by us. Such apps and independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their terms of use or their privacy policies. You will need to make your own independent judgement about whether to use such apps or independent sites, including whether to buy any products or services offered by them.
Licence restrictions
You further agree that you will:
not transfer, sell, lease, loan, rent, sub-license or otherwise make available, the App, website and/or the Service in any form, in whole or in part to any third party without prior written consent from us;
not copy the App, website and/or the Service except as part of the normal use in accordance with these terms, or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter, embed, modify, link to or incorporate the whole or any part of the App, website and/or the Service, nor permit any part of them to be combined with, or become incorporated in, any other programs, services, apps or sites, except as strictly necessary to use the App, website and the Service on devices and as is expressly permitted in these terms; and
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App, website and/or the Service nor attempt to do or authorise any third party to do any such things.
Acceptable use restrictions
You must:
only have one user account for the Service at the same time;
answer all questions during the registration process, or at any other time honestly;
not use the App, website or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, website and/or the Service or any operating system;
not misrepresent your identity, role or position to other Users or impersonate any other person or third party when using the App, website and/or the Service;
not infringe our intellectual property rights or those of any other User or other third party in relation to your use of the Service including by the submission of any Content and the sharing of any Content in a Session (to the extent that such use is not licensed by these terms);
not behave in any such manner, or make available any Content or other material that is defamatory, offensive or otherwise objectionable;
not engage in any behaviour towards other Users which is intimidating, bullying, defamatory or otherwise amounts to harassment and treat other Users with respect;
not use the App, website and/or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and
not collect or harvest any content, information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
Problems with other Users
We are committed to maintaining a positive and respectful Eavesdrop community, and we do not tolerate any inappropriate Content or misconduct whether on or off the Service. If something happens that makes you feel unsafe or uncomfortable, or if you have reason to believe that another User is in breach of these terms (such as if another User’s Content is offensive or infringes the rights of any third party), please report it to support@eavesdropmusic.com.
Intellectual property rights
All intellectual property rights in the App, website and the Service throughout the world belong to us, our Users, or our partners. All rights in the App, website and the Service and any Content (except Content originated by you) is licensed (not sold) to you. You have no intellectual property rights in, or to, the App, website, the Service, the Content (excluding Content originated by you) or the website other than the right to use them in accordance with these terms. All rights are reserved to us.
You must not use any part of the content on our website or Content uploaded by other Users for commercial purposes (other than by sharing Content in a Session and receiving Donations) without obtaining a prior written licence from us, the relevant User or our licensors.
Availability of the App and Service
We aim to offer you an excellent service but we cannot guarantee that the Service will always perform without any errors or interruptions.
Lost Content and Back-ups.
We recommend that you back up any Content you have made available to the Service and do not use the Service as your only storage for such Content. We are not liable to you in any way for lost Content, if you have failed to make such back-ups or otherwise comply with these terms.
Liability for Content
We are not responsible for Content on the Service and do not moderate or review Content. You are responsible for the Content that you upload and we exclude all liability in respect of Content and any actions of Users in respect of such Content.
You agree to indemnify us for all damages, costs, losses, claims and expenses arising in connection with the Content that you make available via Service (whether via the App or the website).
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or due to our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time you accepted these terms, both Eavesdrop and you knew it might happen. Our liability to you for foreseeable loss and damage is limited to the Commission or fees paid to us by you in the 12 months prior to any such claim.
We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are also not liable to you for any indirect or consequential loss, penalties, punitive compensation, fines or sanctions.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not responsible for events outside our control. If the Service is delayed or prevented by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
We may end your rights to use the Service if you break these terms
We may end your rights to use Service at any time by contacting you if you have broken these terms.
If we end your rights to use the Service:
you must stop all activities authorised by these terms, including your use of the App, website and the Service;
you must delete or remove the App from all devices in your possession and if we request, you must confirm to us that you have done this;
we will remove your Profile from the Service (including your Content) and we may remotely access your devices and remove the App from them and cease providing you with access to the Service in accordance with our Data Retention Policy.
No text or data mining, or data scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or scraping in relation to the website or the Service. This includes using (or permitting, authorising or attempting the use of):
any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the website or any data, Content, information or services accessed via the same;
any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations;
The above shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
The general content on our website or App is provided for general information only. Although we make reasonable efforts to update the content, we make no representations, warranties or guarantees, whether express or implied, that the general content on the website or App is accurate, complete or up to date.
Fair and Reasonable Use
These terms are based on you and all Users making fair and reasonable use of the App, website and the Service. We reserve the right to immediately withdraw the Service and make immediate changes to these terms (including making charges for the Service) without prior notice to you or any Users, in the event you or any Users fail to make fair and reasonable use of the App, website and/or the Service (for example if the costs to us of hosting the Content is not fair and reasonable given the revenue generated by Donations).
Links to websites and other Apps
Where the Service contains links to other sites, apps and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as having been approved by us. We have no control over the content of those sites or resources and you should ensure you comply with their terms and are comfortable with their content.
We are not responsible for viruses and you must not introduce them
We do not guarantee that the Service will be secure or free from bugs or viruses. You are responsible for configuring your devices to access the Service. You should use your own virus protection software.
You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the servers on which our Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App, Service and website will cease immediately.
Rules about linking to the website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the website in any site that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
You may not transfer your rights to someone else
You may not transfer your rights or your obligations under these terms to another person.
No rights for third parties
These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these terms, we can still enforce it later
Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of any breach of these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in the English courts.