Terms and Conditions
1.1 Honoured person, we, Pacemaker Music AB ("Pacemaker", "we", "us", "our") would like to say hi, hello and welcome to our presence here on the Internet! And if you have downloaded any of our Pacemaker applications to your mobile devices ("Pacemaker Apps"), a big thank you for choosing us as the provider of your digital djing experience!
1.2 These are the terms and conditions on which we supply, via the Pacemaker Apps, a service that allows you to discover, stream, create and share unique music mixes over the internet, via your mobile device ("the Pacemaker Service").
1.4 These terms and conditions (the "Terms") 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, the Pacemaker Service and/or the Pacemaker Websites (collectively "the Pacemaker Products"), you are entering into a binding contract with us and consenting to these Terms in its entirety.
2. Creating a Pacemaker account
2.1 You must create an account with Pacemaker to access the Pacemaker Service (your "Account"). The personal information you provide in connection with your Account ("Account Data") must be current, complete and accurate, and kept up to date for the duration of your use of the Pacemaker Products.
2.2 You must be at least 4 years old to create an Account and be a resident of the country registered to your Account.
2.3 You are responsible for safeguarding your Account and for maintaining the confidentiality and security of your username and password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) when setting up your Account. You agree to notify us of any unauthorised use of your Account. We will not be liable for any loss or damage arising from your failure to safeguard your Account.
2.4 Pacemaker may terminate your Account and/or your access to any Pacemaker Products if any Account Data you provide is false or if we reasonably suspect that you have acted fraudulently or illegally.
3. Billing and cancellation
3.1 This Section 3 applies when you subscribe to or sign up for a free trial of the Pacemaker Service and/or make any purchases within the Pacemaker Apps.
3.2 Pacemaker offers various subscription plans for accessing the Pacemaker Service which may comprise weekly, monthly or annual rolling subscription periods. By paying the applicable recurring subscription fee, you are granted access to the Pacemaker Service during the relevant subscription period(s) in accordance with your subscription plan.
3.3 Subscription fees for the Pacemaker Service must be paid in advance of the relevant subscription period and are non-refundable.
3.4 Should you decide to cancel your subscription plan (which you may do at any time), you will continue to have access to the Pacemaker Service for the remainder of your then-current subscription period. Defaulting on fees or uninstalling the Pacemaker App will not be considered a valid cancellation.
3.5 We may change our subscription fees or subscription plans from time to time, however, we will notify you in advance of any changes taking effect.
3.6 All payments to Pacemaker, such as subscription fees and in-app purchases, are handled by Apple and can only be refunded by Apple with Apple's consent. If you would like to contact Apple in respect of any payment you have made for the Pacemaker Service, please click this link https://support.apple.com/en-us/HT204084.
3.7 Pacemaker may offer free trials of its subscription plans from time to time which may be subject to additional terms. You may be required to provide billing details when signing up. You may not be permitted to access a free trial if you previously purchased a subscription plan or signed up to a free trial of the Pacemaker Service.
3.8 Except as stated in section 3.5 above, we may, without prior notice, change the Pacemaker Products; stop providing the Pacemaker Products or features of the Pacemaker Products, or create usage limits for the Pacemaker Products.
4. Use of the Pacemaker Products
4.1 The Pacemaker Service and any content made available through the Pacemaker Service ("Content") are for your personal and non-commercial use only. For the duration of your subscription plan, we grant you a limited, non-exclusive, non-transferable right to access the Pacemaker Service and use the Content in accordance with these Terms. You are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights in or to the Content, or any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition.
4.2 You may only use the Content primarily within the country in which you have established your Account and only in geographic locations where the Pacemaker Service is available. The Content available may vary by geographic location and is subject to change. You can access the Pacemaker Service via multiple [Apple] devices but on no more than one device at any given time.
4.3 You must not share with or transfer to others any Content accessed via the Pacemaker Service or modify, edit or repurpose any Content other than as permitted by these Terms and the functionality of the Pacemaker Service. Any unauthorised reproduction or distribution of Content is expressly prohibited and may violate applicable laws.
4.4 All right, title, and interest in and to the Pacemaker Products and any Content are and will remain the exclusive property of Pacemaker or its licensors and is protected by copyright, trademark, and other laws of both in Sweden and in foreign countries. Except as expressly provided herein, nothing in these Terms gives you a right to use Pacemaker's name or any of the trademarks, logos, domain names, and other distinctive brand features of the Pacemaker Products.
4.5 You must not do any of the following while accessing or using the Pacemaker Products:
(a) use the Pacemaker Products for any unlawful purposes or for promotion of illegal activities;
(b) use the Pacemaker Products for the purpose of spamming anyone;
(c) access or tamper with non–public areas of the Pacemaker Products' computer systems, or the technical delivery systems of the Pacemaker Products' providers;
(d) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(e) access or search or attempt to access or search the Pacemaker Products by any means (automated or otherwise);
(f) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Pacemaker Products to send altered, deceptive or false source–identifying information; or
(g) 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 Pacemaker Products.
4.6 Pacemaker may terminate your Account and/or your access to any Pacemaker Products if you violate these Terms.
5. Copyright Policy
5.1 Pacemaker respects the intellectual property rights of others and expects users of the Pacemaker 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.
5.2 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:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(b) identification of the copyrighted work claimed to have been infringed;
(c) 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;
(d) your contact information, including your address, telephone number, and email address;
(e) 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
(f) 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.
5.3 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 your account if you are determined to be a repeat infringer.
6. Disclaimers; Indemnity
6.1 Your access to and use of the Pacemaker Products or any Content is at your own risk. You understand and agree that the Pacemaker Products are provided to you on an "AS IS" and "AS AVAILABLE" basis.
6.2 Without limiting the foregoing, Pacemaker, its partners and licensors 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.
6.3 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 Pacemaker Products, 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 Pacemaker Products. We make no warranty that the Pacemaker Products 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 Pacemaker Products, will create any warranty not expressly made herein.
6.4 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 PACEMAKER PRODUCTS; (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.
6.5 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.
7. 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.
Facebook® is the registered trademark of Facebook Inc.
Twitter® is the registered trademark of Twitter Inc.
8. Changes to the Terms
8.1 We may make changes to the Terms from time to time, so please visit these Terms regularly. Your continued use of the Pacemaker Products constitutes your acceptance of the changes.
9. Contact us
9.1 If you have any questions or comments about these Terms, please contact us at:
Pacemaker Music AB
10. Governing Law
10.1 These Terms shall be governed by and construed in accordance with the laws of Sweden.