Playback App & Service
01/04/2016
In order to use the Playback Service and the associated Software you must agree to the terms and conditions that are set out below. By using the Service and downloading, installing or using the associated Software supplied by Playback, you expressly agree to be bound by these terms and conditions and future amendments and additions to these as published from time to time on this page.
These service terms and conditions should be read in conjunction with the EULA below and any access terms and conditions that accompany your chosen Service and access method.
Definitions
"Service" any service/s supplied to you by Playback.
"Software" any software provided to you by Playback which purpose is to enable you to use the Service.
"Playback" means Playback Technology Limited whose registered address is Association House, St David’s Bridge, Cranbrook, Kent TN17 3HL with Registered Number 09869302 and any of its affiliates. Playback is a trading name of Playback Technology Limited
"Reasonable Use" a Fair Usage policy defining the fair usage terms for the Service and access method you are using.
"EULA" End User License Agreement.
Agreement
These Terms and Conditions, and the related forms and web pages they reference, constitute a legal Agreement between you the end user and/or Playback subscriber and Playback Technology Limited.
This Agreement is a service agreement and should be read in conjunction with the relevant associated software Please read it carefully before accepting.
Compliance with Applicable Laws
By entering into this Agreement you expressly confirm that you are legally entitled to enter into this agreement.
When using the service you agree to comply with all applicable laws from your home nation, the country in which you reside, or the country in which you are present while using the Service.
Access to the Service
You may only access the Playback services using authorized Software and authorized compatible devices identified on our website www.playbackservices.com. It is your responsibility to check the list of devices on the Playback website to ensure you download the correct software for your device. Playback is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the software for your handset. Playback reserves the right to terminate this agreement should you be using the Playback Service with software or a device that is not identified on the website as compatible.
You Agree that:
- You will only use the Service for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service to cause nuisance, annoyance or inconvenience.
- You will not try to harm the Service in any way whatsoever.
- You will not copy, or distribute services or content without written permission from Playback, (Playback Technology Limited).
- You will only use the Software for your own use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
- You will provide us with whatever proof of identity we my reasonably request.
- When using the service you agree to comply with all applicable laws from your home nation, the country in which you reside, or the country in which you are present while using the Service.
Charges
You may be provided with some free usage and other special offer services subject to reasonable use, entirely at Playback’s discretion. Otherwise, you will be charged Playback’s standard rate for the Service(s). The Playback Service operates on a pre-pay basis and you will be prompted to pay these rates in advance. Playback has no obligation to refund any payments made in advance for the use of the Playback Service as set out in these terms. A full list of Playback’s rates for Services, is published on our website. These rates may be changed from time to time, entirely at Playback’s discretion. Rates may vary without prior notice. Full details of rates will be displayed, so you should check the Playback website regularly to determine if any changes have been made or announced.
Payments
In order to use the Playback payment services, you must have an account with Playback and a validated email address and mobile number. This means that you will have received emails from Playback previously and will have the necessary equipment to receive electronic notifications from us.
By using Playback’s payment services either online or via the App, you consent to receiving all confirmations of payment, recurring payment authorities, receipts and other notices electronically via email. You also consent to provide authorisations for any payment transactions, and contractual transactions via electronic means (this includes acceptance of terms and conditions via tick box and I accept buttons and confirmations given via the website or App. If you wish to withdraw this consent you may do so by emailing admin@playbackservices.com however if you withdraw this consent you cannot use Playback’s payment services to pay for your usage. You should retain these emails as a record of your transactions.
You must keep your contact details up to date.
You acknowledge that Playback may use a third party to process your payments and perform fraud checks.
The Playback Refund Policy will govern any refunds in relation to payments made.
If you loose your payment card or believe it has been compromised you must alert customer service by emailing admin@playbackservices.com
Account Use and Activation
Your account will be activated after you have downloaded and installed the Playback Software. Your Agreement is personal to you, and is not transferable by you, but we may allow you at our discretion to nominate another user to use your Service. If you do so, You, not the other user, will remain contractually responsible for all payments and other obligations under this Agreement.
You are responsible for the use of the Services and payment thereof. You are responsible for ensuring the security of your user account details and password and you are responsible for all activities conducted including any charges incurred by using your account even if this occurs without your permission. You agree to immediately notify Playback in writing to admin@playbackservices.com of any fraudulent or unauthorized use of your account or of any suspected compromise of your password or your user account details. Playback reserves the right to change your password. Playback is not liable for any monetary loss or damages that may result from the loss or theft of your password.
If you are purchasing the Playback Service for private use (i.e. as a consumer as opposed to business use), You have the right to cancel this contract within 14 days of acceptance of the Services by You ("Cancellation Period") before you start using the Playback Service. If you do cancel a contract pursuant to this clause you must notify us by email at admin@platbackservices.com In the event of cancellation, You must delete all software and any services that you have downloaded from us and you remain bound by the terms of this Agreement. If you do cancel a contract pursuant to this clause, we will refund the monies you have paid to us within 30 days of you giving us cancellation notice. A refund of any sums paid to Playback is not available once you have started to use the Playback Service.
Support
If you need assistance regarding the Playback software and Service, please email help@playbackservices.com
Termination
You may terminate this Agreement at any time with written notice to Playback at admin@playbackservices.com
Playback may suspend or terminate the Service and this Agreement if we believe you are in breach of these terms and conditions, or engaging in illegal activities. We shall provide notice to you via the email address you have provided and/or by preventing you from accessing your Account and the Service.
Refund Policy
Except as permitted under the Distance Selling Regulations and as referred to in these terms above, no refunds will be made for unused credit. Where Playback provides you with the Software or Service.
Complaint Resolutions
If you have any complaints about the Software or Service you should send them in the first instance to admin@playbackservices.com
No Warranty
The Service is provided on an as is basis, and your use of the Service is at your own risk. Playback does not make, and hereby disclaims, any and all warranties of any kind, whether express or implied, including, but not limited to, any warranty of fitness for a particular purpose; merchantability; title or non-infringement; or any warranty arising from any course of dealing, usage or trade practice. Playback does not warrant the Service will be uninterrupted, error-free.
Limitations and Exclusions of Warranties and Liability
Under no circumstances (whether contract, tort (including negligence), strict liability or any other theory whatsoever), shall Playback be liable for any damages you may suffer from or in connection with your use of, or inability to use Playback Service, or damages resulting from loss or theft of data; or Service interruptions; unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if Playback has been advised of, or is aware of, the possibility of such damages. Because some territories or other jurisdictions do not allow the exclusion of certain warranties or certain forms of liability, some or all of the exclusions set forth in this Agreement may not apply. If any of such exclusions are not allowed under the laws of a particular state or other jurisdiction for any reason, then Playback maximum liability for any type of damages with respect to Playback Service, equipment, or services shall be limited to the amount of monthly service charges paid by customer to Playback hereunder for the twelve (12) month period prior to the occurrence of the event giving rise to such liability.
Entire Agreement/Severability
These Terms and Conditions, the associated EULA and additional terms and conditions as explicitly identified on the Playback website constitute the entire Agreement between you and Playback. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.
Governing Law
The laws of England and Wales govern this agreement. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein would continue with full force and effect.
Electronic Documents
Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.
Company Details
Playback Technology Limited, Company number 09869302 Registered in England & Wales at Association House, St. David’s Bridge, Cranbrook, Kent TN17 3HL
Support
If you need assistance regarding the Playback Software and Service, please email help@playbackservices.com
Software License
Subject to the terms of this EULA Playback grants you a limited, non-exclusive, non-sub-licensable, non-assignable license to use and install one copy of the software on only one device (or as expressly outlined by Playback from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Software for its intended purpose as published by Playback from time to time. You may not use the software in any way that could damage the Playback service or other services. You may not use this software to create unlawful, obscene, malicious or scandalous works.
Ownership
This license gives you a limited license to use the software. Playback retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof.
You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notice placed upon or contained within the Software. Copyright law and the author protect this Software and owner is © Playback Technology Limited. All rights are reserved except for those explicitly covered in this EULA.
You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, and reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software.
All intellectual property rights in the Playback Service and Software are the property of Playback Technology Limited. The supply of the Software and Service does not imply any transfer of intellectual property rights.
No Selling
This agreement is a personal agreement between you and Playback. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.
Warranty
You expressly acknowledge and agree that use of the Software is at your own risk and that the Software is provided "as is" without any warranties or conditions. Playback expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose.
Liability
Playback shall not be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury, loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Software.
Indemnity
You shall be liable for all costs and losses incurred by Playback as a result of your breach of this EULA, or any applicable law or regulation, any violation of third party rights, frauds, any use or misuse of the Software, or any communications spread by means of the Software.
Android Mobile Devices
By downloading, copying or using this Software You agree to the terms of this End User License Agreement, and for this Software to establish an Internet connection when required. This End User License Agreement (EULA) and the Playback Service Standard Terms and Conditions constitute a legal agreement between you, the End User (you), and Storm Software PLC (Playback). If you do not agree to these terms then you may not use or install the Playback Software.