General Site Terms. www.napster.com is a music discovery and access website (the "Website’) owned and operated by Napster, LLC ("Napster") that includes a free streaming music service (the "Music Service"), a free user-contributed music encyclopedia ("N-archive") and more (collectively and together with the Website, the "Web Services"). By using any Web Services you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member (as further described below, a "Member").
1)
Additional Services. While the Web Services are currently free to use, Napster also offers digital music services that may require additional registration and/or payment. Some of these services may be integrated with some or all of the Web Services, including via use of the same Member name. Currently, these additional services include a digital music store that lets you purchase permanent downloads of songs and a music subscription service (together, the "Premium Services"). The Premium Services can be accessed by downloading Napster’s software application and separately providing additional billing information. The terms and conditions of use of the Premium Services will be governed by a separate agreement between Napster and you, a copy of which can be accessed at http://home.napster.com/info/terms.html.
Modification. This Agreement sets out the legally binding terms for your use of and Membership in the Web Services. Napster may modify this Agreement from time to time and such modification shall be effective upon posting by Napster on the Website. You agree to be bound to any changes to this Agreement when you use any of the Web Services after any such modification is posted. This Agreement includes Napster's policy for acceptable use and content posted on the Website (available at http://www.napster.com) and Napster's Privacy Policy (available at http://home.napster.com/info/privacypolicy.html). By agreeing to the terms herein, you are hereby agreeing to such other terms.
Eligibility. Membership in the Web Services is void where prohibited. By using the Website and or any of the Web Services, you represent and warrant that any registration information that you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are at least 13 years of age or older and that your use of the Website and the Web Services shall not violate any applicable law or regulation. Napster may terminate your membership and delete your Membership and any other information you provide without warning, if it is found that you are misrepresenting your age.
2)
Registration. You may be required to become a Member in order to access some or all of the Web Services. To do so, you will be required to create a username and password, to agree to these terms and conditions and to provide your email address. If you become a Member, your Member name and account may automatically be valid for any services offered by Napster. However, you may also be required to provide additional information (such as but not limited to billing information) and complete additional registration steps. Your Membership is solely for your personal use, and you shall not authorize others to use your account. You agree to notify Napster immediately of any unauthorized use of your Member name, password or account and you agree to indemnify and hold harmless Napster, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
3)
Term. This Agreement shall remain in full force and effect while you use the Web Services, and/or are a Member. Napster may terminate or limit your Membership or access to any part of the Web Services at any time, for any reason, including due to a prolonged period of inactivity or no reason, effective immediately and without liability. In certain cases where your account is terminated, Napster may expunge your Membership information. If this occurs, you may be required to re-register as a Member in order to access the applicable Web Services. Even after membership is terminated, this Agreement will remain in effect, including sections 5, 6, and 10-16.
4)
Non Commercial Use by Members. The Web Services (including without limitation the Samples and Materials described below) are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by the management of Napster. Illegal and/or unauthorized use of the Web Services, including collecting usernames and/or email addresses of Members by electronic or other means or unauthorized framing of or linking to the Web Services are prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles or N-archive without notice and may result in termination of Membership privileges. Appropriate legal action will be taken by Napster for any illegal or unauthorized use of the Web Services.
5)
Proprietary Rights in Content. Napster or its licensors own and retain all proprietary rights in the Web Services. The Web Services contain copyrighted material, trademarks, and other proprietary information of Napster and its licensors. Except for that information which is in the public domain or for which you have been given written permission by Napster, and except for publication of NapsterLinks as described below, you may not copy, modify, publish, create derivative works based on, transmit, distribute, perform, display, or sell any such content or information.
6)
Accessing Content from Napster. Certain aspects of the Web Services allow you to listen to music recordings and view and possibly print or download certain digital content ("Materials"). The Materials are owned by Napster, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You agree that the content rightsholders that license their musical or other content to Napster for use in the Web Services are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. Your access to and/or use of any Materials will be limited by the rules assigned to such Materials by Napster. Napster reserves the rights to modify these usage rules at any time. Except and only as may be specifically permitted by Napster (see the "NapsterLinks" section below), you may not authorize, encourage or allow any Materials used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by anyone else. You may not attempt (or support others’ attempts) to capture, copy, or download any streamed Materials. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any technology related to such Materials. You agree to advise Napster promptly of any such unauthorized use(s).
a)
The Music Service. If you are based in the US, the Music Service allows you to stream (i.e., play over the Internet but not locally download) full length songs ("Streams"). Website users outside of the US will only be able to stream thirty (30) second clips of songs ("Clips"). To discover and select songs, you can search and browse on the Website or you may be presented with NapsterLinks (as described below) to songs through third party sites. In either case, you will be able to stream the songs that you select via a Napster-provided web-based music player and subject to the following:
i.
Cost. The Music Service is free to use. However, while you use the Music Service, you will be presented with offers for additional services, such as the Premium Service, as well as advertisements for third party services, that are fee-based. Any such additional services will be subject to any additional terms and conditions that Napster or such third party present to you. The terms of Napster’s Premium Services can be accessed at http://home.napster.com/info/terms.html.
ii.
Usage Rules, Limitations. Your access to and use of the Music Service will be limited by the rules assigned to the Music Service by Napster (the "Usage Rules"), which Napster may change at any time, with or without notice. These include:
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You may only Stream any particular song up to three (3) times. After that, unless you register for or purchase that track through a Premium Service, you will only be able to play Clips of that song. In addition, you may only play an aggregate of twenty-five Streams in any given month.
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Your use of Streams is subject to all of the limitations described below governing use of Materials and you may not download songs or attempt to "catch" or copy Streams in any way.
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After a prolonged period of inactivity to your Member account, Napster may cancel your membership and expunge your membership information. If this occurs, you may be required to re-register as a Member in order to access the Music Service.
iii.
Limited Catalog, Loss of Rights. Napster does not guarantee that any particular song(s) will be made available via the Music Service and Napster may at any time lose the right to make certain songs available that it has previously offered.
iv.
Delivery of Streams, Service Difficulties. Napster makes no representations or guarantees regarding its ability to deliver Streams or the quality of any Streams that it delivers.
b)
NapsterLinks. NapsterLinks are web links that, when clicked on, link to a specific part of the Web Services.
i.
Using a NapsterLink. When a NapsterLink for a specific song is clicked on, the Music Service’s web playerwill pop open on your screen and play that song. If the NapsterLink is to an album, artist or other item that is not a song, the applicable Website page that features such item will open. Your use of any songs or other Materials presented via a NapsterLink, are subject to all of the terms and conditions stated herein that apply to use of any Materials and the Music Service, including the Usage Rules.
ii.
Creating NapsterLinks. You can create NapsterLinks using the tools provided on the Website under the "Share Music" tab. You can use NapsterLinks that others have created simply by clicking on them. Use of NapsterLinks will be subject to all of the terms and conditions applicable to the Web Services. Napster assumes no responsibility for any use of links generated via this mechanism and makes no guarantee as to link accuracy or performance. Napster is not affiliated with nor does it authorize the use of algorithms or other programs that autogenerate NapsterLinks on third party sites.. NapsterLinks must be used as provided and they may not be altered to change their performance or in any other way. By using the NapsterLink creation tool, you assume sole responsibility for any use you or others make of the link you create. While you may attach NapsterLinks to commercial websites, payment or other conditions may not be attached to access to a NapsterLink(s). You may not use NapsterLinks to synchronize music with video and your use must be in conformance with all copyright and other applicable laws. You may not utilize NapsterLinks in conjunction with any racist, obscene, defamatory, pornographic or other objectionable content. Napster reserves the right to deactivate NapsterLinks at any time, in its sole discretion.
7)
User Content Posted on or Linked to from the Web Services.
a)
You are solely responsible for the User Content that you post on the Web Services or any material or information that you transmit to other Members. You understand and agree that Napster may review and delete or refuse to post any content, messages, photos, N-archive submissions or profiles you publish or display on, or otherwise link to (collectively, "post"), the Web Services (collectively, "User Content") that in the sole judgment of Napster violate this Agreement, any additional policies or terms or conditions of use that we may message on our Website or otherwise to you or which may be offensive, illegal or violate the rights of, harm, or threaten the safety of any third party.
b)
Information provided by other Members and users (for instance, in their profile or in N-archive) may contain inaccurate, inappropriate or offensive material, products or services and Napster assumes no responsibility or liability for this material. Napster is not responsible for communications and actions of other Members to you.
c)
By posting User Content to the Web Services you automatically grant, and you represent and warrant that you have the right to grant, to Napster an irrevocable, perpetual, royalty free, non-exclusive, transferable, fully paid, worldwide license to use, copy, perform, display, and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d)
The following is a partial list of the kind of User Content that is illegal or prohibited on the Web Services. Napster reserves 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 communication from the Service and terminating the membership of such violators. Prohibited User Content includes content that:
i.
is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii.
violates any law, statute, ordinance or regulation;
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harasses or advocates harassment of another person;
iv.
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
v.
promotes false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
vi.
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files and/or otherwise infringes the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party;
vii.
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
viii.
exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
ix.
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
x.
solicits passwords or personally identifying information for commercial or unlawful purposes from other users;
xi.
involves commercial activities and/or sales without Napster’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
xii.
uses sexually suggestive imagery or any other unfair, misleading or deceptive content.
e)
You must use the Web Services in a manner consistent with any and all applicable laws and regulations.
f)
You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
g)
You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Web Services. You may not transmit any chain letters or junk email to other Members. Although Napster cannot monitor the conduct of its Members off the Web Services, it is also a violation of these rules to use any information obtained from the Web Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Napster reserves the right to restrict the number of emails or messages which a Member may send to other Members.
h)
You may not cover or obscure any banner or other advertisements on your personal profile page, or any Napster page via HTML/CSS or any other means.
i)
Any automated use of the system, such as using scripts to add friends or fans, is prohibited.
j)
You may not attempt to impersonate another user or person.
k)
You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
l)
You may not sell or otherwise transfer your profile.
m)
You agree that you will not: (i) take any action that imposes, or may impose in Napster’s sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of any of the Web Services, or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website or any of the Web Services.
8)
Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Napster to remove or disable access to infringing material, to notify the relevant Member that it has removed or disabled access to the material, and to terminate Membership privileges of any Member who infringes copyright
Without limiting the foregoing, if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Napster's copyright agent with the following information:
a)
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
b)
an identification of the copyrighted work or other intellectual property interest that you claim has been infringed (e.g. "My copyrighted work entitled ABC has been infringed");
c)
an identification of the material you claim is an infringement (e.g. "The text ABCD infringes my work entitled ABC") along with enough detail about its location that we may find the allegedly infringing work on the Website or through the Napster products or services;
d)
your address, telephone number, and email address;
e)
a statement by you that you have a good faith belief that the claimed infringement is not authorized by the copyright (or intellectual property) owner, its agent, or the law;
f)
a statement by you, made under penalty of perjury, that the above information in your notice to Napster’s copyright agent 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.
Napster's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Aileen Atkins
Copyright Agent
Napster, Inc.
317 Madison Avenue, 11th Floor Suite 1104
New York, NY 10017
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
9)
Member Disputes. You are solely responsible for your interactions with other Napster Members. Napster reserves the right, but has no obligation, to monitor disputes between you and other Members.
10)
Privacy. Use of the Web Services is also governed by our Privacy Policy, the terms of which are incorporated herein and which can be found at http://home.napster.com/info/privacypolicy.html.
11)
Disclaimers. Napster is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with any of the Web Services provided (including without limitation in N-archive), whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in any of the Web Services. Napster is not responsible for the conduct, whether online or offline, of any user of the Website or Member of any of the Web Services. Napster assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Napster is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the Web Services or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Web Services. Under no circumstances shall Napster be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Web Services or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. THE WEBSITE AND THE WEB SERVICES ARE PROVIDED "AS-IS" AND NAPSTER EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NAPSTER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE WEB SERVICES.
12)
Limitation on Liability. IN NO EVENT SHALL NAPSTER OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND ANY OF THE WEB SERVICES, EVEN IF NAPSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NAPSTER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO NAPSTER FOR THE WEB SERVICES DURING THE TERM OF MEMBERSHIP.
13)
U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14)
Governing Law; Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law provisions thereof. If there is any dispute about or involving the Website or any of the Web Services or any other matter pertaining to this Agreement, you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles.
15)
Indemnity. You agree to indemnify and hold Napster, its subsidiaries, members, managers, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or any of the Web Services in violation of this Agreement and/or arising from your breach of this Agreement (or a breach by any user of your Member account) and/or any breach of your representations and warranties set forth above.
16)
Other. Except for any additional agreement(s) between you and Napster (for example, if you enter into an additional agreement with respect to any Premium Services), this Agreement constitutes the entire agreement between you and Napster regarding the use of the Website and/or any of the Web Services. The failure of Napster to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. All rights not expressly granted to you in this Agreement are reserved to Napster and/or its licensors. This Agreement is not assignable or transferable or sublicensable by you except with Napster’s prior written consent. Napster may transfer, assign or delegate this Agreement and its rights and obligations without consent. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Napster is a trademark of Napster, LLC that may be registered in the US and/or other countries.
Only US residents can play full length songs. To view all of our Website Terms, click HERE.
You may play any particular song up to three (3) times, after which you will need to subscribe to Napster or purchase the song
to play it in full again. In addition, you may only play an aggregate of twenty-five Streams in any given month. To buy a song or subscribe, you need to download our player software. To see the terms for our Music
Store and Subscription Service, click HERE.
