Honored person, we would like to say hi, hello and welcome to our presence here on the Internets! And if you have downloaded any of our Pacemaker apps (“Pacemaker Apps”), a big thank–you for choosing us as the provider of your digital djing experience!
To provide you with the Pacemaker Apps and the information contained in this website pacemaker.net and any other Pacemaker website linked to pacemaker.net (collectively the “Pacemaker Websites”), Pacemaker Music AB (“Pacemaker”, “we”, “us”, “our”) need to collect some information from you as well as to provide you with some vital information about what we do and what you need know about us and the use of the Pacemaker Websites and the Pacemaker Apps.
These terms and conditions are meant to help you to make informed decisions about your relationship with us, so please read it carefully. By using or interacting with the Pacemaker Apps and/or the Pacemaker Websites, you are entering into a binding contract with us and consenting to these terms and conditions.
2. The information we collect
2.1 Registration and Usage Data through the Pacemaker Apps
When you download Pacemaker Apps from an app store like the Apple App Store, we automatically collect the following information; (i) the time the app was installed and through which ad or Pacemaker Website (ii) additional In App Purchases performed in the in app store front (“Pacemaker Store”) as a result of the download. We collect this information by logging the purchase ID (object purchased), and its price. Additionally, we (iii) register the tracks being played (iv) connections to third party music streaming services such as Spotify® (v) search events performed when using such services (vi) register sign–up events for such services, (vii) collect information about interactions with tracklist and interaction with the Pacemaker Store and its videos. Some of this information might also consist of personal data.
You may integrate your Pacemaker Apps with third party services such as Spotify®, Twitter® or Facebook® (“Other Integrated Services”). If you do, we may receive, use and share the categories of information described above, including information made publicly available on or through your account of such Other Integrated Service.
2.2 Information provided through the Pacemaker Websites
By using the Pacemaker Websites by, for example using the FAQ and sending us e–mails with questions and information, we will get access to your personal data such as for example your name, address, date of birth (Civic Reg. No.), e–mail address, age, sex and telephone number and other personal information.
3. How we use and share the information we collect
3.1 How we use Non Personal Information
We may use the non personal information we collect, to: (i) improve your experience with the Pacemaker Apps and products and services made available through the Pacemaker Apps or the Pacemaker Websites, for example by providing customized or localized content and advertising; (ii) ensure technical functioning of the Pacemaker Apps and products and services made available through the Pacemaker Apps and the Pacemaker Websites, develop new products and services, and analyze your use of the Pacemaker Apps, including your interaction with applications, advertising, products and services that are made available, linked to or offered in the Pacemaker Apps and the Pacemaker Websites; (iii) communicate for Pacemaker Apps and/or the Pacemaker Websites–related purposes, including promotional messages; (iv) enable and promote the Pacemaker Apps, including features and content of the Pacemaker Apps and products and services made available through the Pacemaker Websites, user interactions, suggestions and integration with third party services; (v) as otherwise stated in these terms and conditions.
3.2 How we use your Personal Data
Your personal data will also be processed by us so that you will be able to use Pacemaker.net and its functions in the best possible way and so that we can provide you with information and offers from us and from our cooperation partners, and for direct marketing via e–mail or other Pacemaker Apps and the Pacemaker Websites’ functions. We may also post your name with any material you elect to publish on the Pacemaker Websites.
Pacemaker is the entity responsible for the processing of your personal data (Sv. Personuppgiftsansvarig), and you should contact us if you wish to correct any of the personal data or if you wish to receive information about our handling of your personal data.
Pacemaker safeguards your rights as an individual. Of course, we follow the legislation and regulations which exist – e,g, in the Personal Data Act (Sv. Lagen om personuppgifter) – in order to protect you personal data. Only a limited number of persons with special authorization have access to the information about you.
Pacemaker will not sell any of your personal data, such as your address, telephone number or e–mail address to any third party.
It is your responsibility to ensure that correct data are submitted. This applies particularly to your age, since it is our intention never to send direct advertising to any person under the age of 16 years. Once a year, you are entitled to request information from us free of charge relating to your personal data, and you can at any time withdraw your permission for our processing of your Civic Reg No. You also have the right to inform us in writing if you do not wish your data to be used for direct marketing. You can also request that data are removed or changed if they are found to be inaccurate or incomplete.
3.3 Sharing with Third Party Applications
To improve the Pacemaker Apps’ features we may share non–personal information with third party applications such as high–level geographic information, settings and technical data. However, we take precautions to prohibit third party application providers from attempting to identify you by using the information we provide to them or by collecting additional information without your consent.
3.4 Service providers and others
We may from time to time share your non–personal information and personal data with other companies as certain trusted business partners and third party service providers to enable them to perform functions and process user data on our behalf, consistent with section 3 above. Such third parties' processing of user data will always be subject to security and confidentiality obligations consistent with these terms and conditions and applicable law.
3.5 Your Consent
By downloading the Pacemaker Apps and visiting the Pacemaker Websites you are giving us permission to use your personal data as described above in this section 3.
We are committed to protecting our users’ information. While we take reasonable data protection precautions, no security measures are completely secure, and we can therefore not guarantee the security of user information at any time.
There are three types of cookies:
- A persistent cookie remains on your computer for a specified period;
- A session cookie is temporarily stored in computer memory while the visitor is browsing the Pacemaker Websites. Session cookies are deleted when you close your browser;
- There are also third party cookies, which can be either session or persistent cookies. These are not served by the Pacemaker Websites, but by third parties when the resources are loaded into the Pacemaker Websites, for example an embedded YouTube® video player, Facebook® like buttons, etc.
If you do not accept cookies, the most common browsers always provide you with means to block them in the browser security or privacy settings. If you decide to block cookies the website will work but some features might be disabled.
6. Use of the Pacemaker Services
You may use the services we provide on the Pacemaker Websites (the “Services”) only in compliance with these terms and conditions and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on the Pacemaker Websites.
We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services.
You are responsible for safeguarding any password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. The Pacemaker Websites will not be liable for any loss or damage arising from your failure to comply with this instruction.
7. Pacemaker Premium Subscription: Pacemaker+
This section only applies when you purchase and/or subscribe to Pacemaker + or other paid products.
By paying the subscription fee you get access to Pacemaker + during the time your subscription is valid, subject to these Terms.
Pacemaker + are paid in advance.
You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for.
Pacemaker reserves the right to change the subscription fees from time to time.
All payments handled by Apple, such as in-app purchases, can only be refunded by Apple and with Apple’s consent. If you would like to contact Apple, please click here. Default in payment shall not be deemed as a termination of a Pacemaker + subscription.
Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription.
8. User Content
"Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services.
You retain ownership of all Content you submit, post, display, or otherwise make available on the Services.
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non–exclusive, royalty–free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for other users of the Services to modify your Content, and for the Pacemaker Websites to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by the Pacemaker Websites or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Additionally, by uploading content to the site, you warrant, represent and agree that you have the right to grant the Pacemaker Websites the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any patent, copyright, trademark or other intellectual property rights of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Pacemaker reserves the right in its discretion to remove any Content from the Pacemaker Websites, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
You must not do any of the following while accessing or using the Services:
- use the Services for any unlawful purposes or for promotion of illegal activities;
- upload or post any Content (as defined above) in violation of the provisions contained in these terms and conditions;
- use the Services for the purpose of spamming anyone;
- access or tamper with non–public areas of the Services, the Pacemaker Websites' computer systems, or the technical delivery systems of the Pacemaker Websites' providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Services by any means (automated or otherwise);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source–identifying information; or
- interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail–bombing the Services.
9. Proprietary Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Pacemaker . The Services are protected by copyright, trademark, and other laws of both in Sweden and in foreign countries. Except as expressly provided herein, nothing in these terms and conditions gives you a right to use Pacemaker’s name or any of the trademarks, logos, domain names, and other distinctive brand features.
10. Copyright Policy
Pacemaker respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please inform us immediately in writing and provide us with the following information (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a solemn declaration from you that the information in the notification is accurate, and, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Pacemaker will also terminate a user's account if the user is determined to be a repeat infringer.
11. Disclaimers; Indemnity
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Pacemaker AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Pacemaker will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Pacemaker has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error–free basis. No advice or information, whether oral or written, obtained from Pacemaker or through the Services, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pacemaker AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD–WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Pacemaker HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
12. TRADE MARKS
Pacemaker® and the Pacemaker logo are the registered trademarks of 100 Milligrams Holding AB.
Mixeverything™ is the trademark of 100 Milligrams Holding AB
Spotify® is the registered trademark of Spotify Sweden AB
Facebook® is the registered trademark of Facebook Inc.
Twitter® is the registered trademark of Twitter Inc.
14. Contact us
Pacemaker Music AB
111 40 Stockholm