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Jooki Play Terms of Service

Jooki Play Terms of Service

November 21, 2019

1. Introduction

Applicable Terms. Thanks for using Jooki Play. Jooki Play is a service provided by MuuseLabs SA (“MuuseLabs”, "Jooki", "we" or "us"), located at rue du Tocsin 12, 1000 Brussels, Belgium. Your use of Jooki Play music, audiobooks, or other digital content or services (referred to as "Content") available through it is subject to these Jooki Play Terms of Service and the Jooki Privacy Policy ( together referred to as the "Terms").

2. Your Use of Jooki Play

Access to and Use of Content. You may use Jooki Play to browse, locate, stream, or download Content for your Jooki player, Jooki app, or other supported device ("Device"). To use Jooki Play, you will need a Device that meets the system and compatibility requirements for the relevant Content, working Internet access, and compatible software. The availability of Content and features will vary between countries and not all Content or features may be available in your country. Content may be offered by Jooki or made available by third-parties not affiliated with Jooki. Jooki is not responsible for and does not endorse any Content made available through Jooki Play that originates from a source other than Jooki.

Age Restrictions. In order to use Jooki Play, you may be required to have a valid Jooki account ("Jooki Account"), subject to the following age restrictions. If you are considered a minor in your country, you must have your parent or legal guardian's permission to use Jooki Play and to accept the Terms. You must comply with any additional age restrictions that might apply for the use of specific Content or features on Jooki Play. Family managers and family members must meet these additional requirements as well.

The metadata for each title in the Content that MuuseLabs relies on regarding e.g. age limits and identification of genres is provided by MuuseLabs’ publishing business partners. MuuseLabs therefore takes no responsibility for, and does not warrant that you will find the filters based on such metadata completely to your personal satisfaction. Furthermore, MuuseLabs cannot in any way guarantee that such filters are completely accurate or that they with complete certainty have filtered all non-relevant Content in accordance with what has been intended. If a filter does not work to your satisfaction, please discontinue any use of the filter immediately and let us know how we may improve the filter and the Service to better meet your expectations by contacting MuuseLabs via our Support Center page. MuuseLabs welcomes any feedback regarding Content that you find inappropriate or unsuitable in light of the filters used or that you otherwise suspect may contain infringing or otherwise unlawful features. MuuseLabs depends on your feedback so that we may improve our filters and our Service over time.

Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of Content and Jooki Play.

Information about You. MuuseLabs's Privacy Policy explains how we treat your personal data and protect your privacy when using Jooki Play. MuuseLabs may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions or provisioning Content to you. Providers agree to use this information in accordance with their privacy policies.

Unauthorized Access to Accounts. You must keep your account details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Jooki Play or of any user of other Jooki Services via Jooki Play, including account names.

Disabled Accounts. If MuuseLabs disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing Jooki Play, your account details or any files or other Content that is stored with your account. Contact for more information. 

Changes to these Terms. If the Terms change, you will be given at least 30 days notice, and the new Terms will be effective after such notice period. Your continued use of Jooki Play following such notice period will indicate your acceptance of the new Terms. The new Terms will apply to your use of all Content (including Content you have installed or purchased in the past) and all subsequent installs or purchases. If you do not agree with such changes, you will be given the opportunity to download the Content you previously purchased or installed and terminate your use of Jooki Play. You may continue to view that copy of the Content on your Devices in accordance with the last version of the Terms that you accepted.

3. Purchases and Payments

Free Content. MuuseLabs may allow you to download, view or use Content free of charge on Jooki Play. Additional limitations may apply to your access and use of certain free Content.

Purchase of Content. When you buy Content on or using Jooki Play you will enter into a separate sale contract based on these Terms (as applicable) with the seller which will be either:

(a) MuuseLabs SA; or

(b) provider of the Content (the "Provider"), including where MuuseLabs SA is acting as an agent for the Provider.

The separate sale contract is in addition to these Terms.

Your contract for the purchase and use of Content is completed once you receive the email from Jooki confirming your purchase of that Content, and performance of this contract begins as soon as the purchase is complete.

Payment Processing Methods. MuuseLabs may make available to you various payment processing methods to facilitate the purchase of Content through Jooki Play. You must abide by any relevant terms and conditions or other legal agreement, whether with MuuseLabs or a third party, that governs your use of a given payment processing method. Jooki may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchases you make on Jooki Play.

Pricing. Pricing and availability of all Content displayed through Jooki Play are subject to change at any time prior to purchase. Pricing may vary depending on the type of payment method used. If pricing varies, MuuseLabs will communicate this on the MuuseLabs in connection to the general information on pricing. Further, pricing does not include any data communication costs or fees which your internet or telecommunication service provider may claim under your contract with such service provider.

Taxes. "Taxes" means any duties, customs fees, levies or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest. You are responsible for any Taxes and must pay for Content without any reduction for Taxes. If the seller of Content or Jooki is obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of Jooki Play or the purchase of Content on or through Jooki Play. The reporting and payment of any such applicable Taxes are your responsibility.

All Sales Final. See MuuseLabs' Refund Policy for more information about your rights to withdraw, cancel, or return purchases for a refund. Except as expressly set out in MuuseLabs' Refund Policy or the refund policies of the Provider, all sales are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction.

Subscriptions. Subscriptions are automatically charged each billing period (whether weekly, monthly, annually, or another period), and you may be charged no more than 24 hours before the beginning of each billing period.

(a) Trials Periods. When you subscribe to Content for a price, you may receive access to the subscription benefits at no charge for a specified trial period, after which you will be charged until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the relevant app and any subscription privileges unless otherwise specified. Access to such trial periods may be limited to a certain number of trials for each user during a given period, or other restrictions.

(b) Cancellations. You may cancel a subscription at any time before the end of the applicable billing period as described in the Support Center, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period, except as otherwise provided in MuuseLabs’ Refund Policy (for example where Content is defective). If you cancel your Jooki Play subscription, you will continue to have access to Jooki Play subscription Content during the remainder of the current billing period; however, your access will terminate at the end of the billing period during which your subscription is cancelled. If you cancel your Jooki Play subscription during a free trial period, you will not retain access to the Jooki Play subscription Content that you accessed during a free trial period.

(c) Price Changes. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, MuuseLabs will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days' prior notice before the charge is made. If you are given less than 10 days' prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a subscription, you may cancel the subscription as described in the Cancellations section of these Terms, and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. Where the Provider increases the price of a subscription and consent is required, Jooki may cancel your subscription unless you agree to the new price. If your subscription is cancelled and you later decide to re-subscribe, you will be charged at the then current subscription rate.

Credits. As part of a membership plan or a Service promotion, we may issue you credits redeemable for content on the Service ("Credits"). Credits may only be redeemed on the Service, have no cash value, are non-transferrable and non-refundable. All Credits are valid for a limited time as described in the applicable membership and promotional terms and conditions. Credits expire immediately upon cancellation or termination of your subscriptions unless used prior to cancellation or termination.

Purchased Content. Once we have made purchased content available to you for download, we encourage you to download the content promptly after purchase. As a convenience to you we may continue to make your purchased content available for re-download through your Service account, but we do not guarantee that such content will be available for re-download and MuuseLabs will not be liable to you if it becomes unavailable for further re-download.

4. Rights and Restrictions

License to Use Content. After completing a transaction or paying the applicable fees for Content, you will have the non-exclusive right, solely as expressly permitted in these Terms and associated policies, to store, access, view, use, and display copies of the applicable Content on your Devices or as otherwise authorized as part of the Service for your personal, non-commercial use only. All rights, title and interest in Jooki Play and Content not expressly granted to you in the Terms are reserved. 

Violation of License Terms. If you violate any of the Terms, your rights under this license will immediately terminate, and MuuseLabs may terminate your access to Jooki Play, the Content or your Jooki Account without refund to you.

Restrictions: You may not:

  • display (in part or in whole) the Content as part of any public performance or display even if no fee is charged except (a) where such use would not constitute a copyright infringement or violate any other applicable right or (b) as specifically permitted and only in the exact manner provided.
  • sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign any Content to any third party including with regard to any downloads of Content that you may obtain through Jooki Play except as specifically permitted and only in the exact manner provided.
  • use Jooki Play or any Content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Content that is presented to you in streaming format.
  • use Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner provided.
  • attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any Content or Jooki Play.
  • remove any watermarks, labels or other legal or proprietary notices included in any Content, or attempt to modify any Content obtained through Jooki Play, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content.

Third-Party Provisions. Notwithstanding anything to the contrary in these Terms, the third parties who license their Content to MuuseLabs are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their Content ("Third-Party Provisions"), and solely for the purpose of enabling such third parties to enforce their rights in such Content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.

Defective Content. Once Content is available to you through your account, or through a Jooki Token download, you should check the Content as soon as reasonably possible to ensure that it functions and performs as stated, and notify us or Provider as soon as reasonably possible if you find any errors or defect. See the MuuseLabs Refund Policy for more information.

Removal or Unavailability of Content. Subject to the Terms, Content that you purchase or install will be available to you through Jooki Play for the period selected by you, in the case of a purchase for a rental period, and in other cases as long as Jooki has the right to make such Content available to you. In certain cases (for example if Jooki loses the relevant rights, a service or Content is discontinued, there are critical security issues, or there are breaches of applicable terms or the law), Jooki may remove from your Device or cease providing you with access to certain Content that you have purchased. For Content sold by MuuseLabs, you may be given notice of any such removal or cessation, when possible. If you are not able to download a copy of the Content before such removal or cessation, MuuseLabs may offer you either (a) a replacement of the Content if possible or (b) a full or partial refund of the price of the Content. If MuuseLabs issues you a refund, the refund shall be your sole remedy.

Multiple Accounts. If you have multiple Jooki Accounts with different user names, in some cases you may transfer Content out of an account and into another account, provided you are the owner of each such account and provided Jooki has enabled a feature of the relevant service allowing such transfers.

Limits on access on Devices. Jooki may from time to time place limits on the number of Devices or software applications you may use to access Content. Please visit our MuuseLabs Support Center page for more information about these limits for Jooki Play.

Other Jooki Subscription Services. Your use of Jooki Play and Jooki Play subscription product is governed solely by these Terms, and not the terms of any other Jooki product, including any other Jooki product through which you receive access to a Jooki Play subscription.