Terms & Conditions

  1. Introduction

1.1

Thanks for choosing Auracle Sound Ltd. (“Auracle Sound ““us”). By using the Auracle Sound  service, website http://auraclesound.com (the “Website”), or software applications (together, the “Auracle Sound  service” or “Service”), including by purchasing or receiving Codes or Limited Offers, you are entering into a binding contract with Auracle Sound .

Your agreement with us includes these Terms and Conditions of Use (“Terms”), the Acceptable Use Policy and our Privacy Policy (the “Agreements”). If you don’t agree with these Terms, then please don’t use the Service.

1.2

We’re pleased to make our Service available to you. Auracle Sound is an online streaming digital music service provided specifically to commercial businesses.

1.3

Auraclesound.com and play.auraclesound.com is a site operated by Auracle Sound Ltd.. Auracle Sound  are registered in England and Wales under company number 06341294

and have our registered office at 16 Lonsdale Road, London, NW6 6RD. Our VAT number is GB 919234811

1.4

By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.

1.5

We may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

  1. License

2.1

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Auracle Sound  or its licensors. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates.

2.2

No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Auracle Sound ’s prior written permission.

2.3

Any rights not expressly granted in these terms are reserved.

2.4

The Auracle Sound service and the content provided through it are the property of Auracle Sound or Auracle Sound ’s licensors, and we grant you a limited, non-exclusive, revocable licence to make use of the Auracle Sound service and to receive the media content made available through the Auracle Sound service, based on the Subscription or Trial you have selected (the “Licence”). This Licence shall terminate upon termination of your Subscription or expiry of your Trial.

2.5

The Auracle Sound  software applications are licensed, not sold, to you, and Auracle Sound  retains ownership of all copies of the software applications even after download and installation.

2.6

All Auracle Sound trademarks, service marks, trade names, logos, domain names, and any other features of the Auracle Sound brand are the sole property of Auracle Sound . This Licence does not grant you any rights to use the Auracle Sound trademarks, service marks, trade names, logos, domain names, or any other features of the Auracle Sound brand, whether for commercial or non-commercial use.

2.7

You agree to abide by our Acceptable use policy and not to use the Auracle Sound service (including but not limited to its content) in any manner not expressly permitted by the Agreements.

2.8

Third party software libraries included in the Auracle Sound  Service are licensed to you either under these Terms, or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and on our website.

  1. Service access

3.1

While Auracle Sound endeavours to ensure that the Website or Auracle Sound service is normally available 24 hours a day, Auracle Sound shall not be liable if for any reason the Website or Auracle Sound  Service is unavailable at any time or for any period.

3.2

Access to the Website or Auracle Sound service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Auracle Sound ’s control.

  1. Subscriptions

4.1

Auracle Sound account holders may access the Auracle Sound service by any of our two subscriptions:

  1. Unlimited Monthly Service:a subscription fee-based service on a rolling month-by-month period;
  2. Unlimited Yearly Pre-Paid Service:a subscription fee-based service paid in advance and then on a rolling year-by-year period (collectively the “Subscriptions”)

4.2

From time to time, we may offer trials of a Unlimited Monthly Subscription for a specified period without payment (a “Trial”) or offer codes to new or existing users (“Codes”). Auracle Sound reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify any Trial or Code at any time without prior notice and with no liability.

4.3

For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Unlimited Monthly Subscription on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must cancel your Subscription through your Auracle Sound  account’s settings before the end of the Trial.

  1. Visitor material and conduct

5.1

Other than personally identifiable information, which is covered under our Privacy Policy, you are not authorised to upload, transmit or post any material to the Website.

5.2

You are prohibited, by any means, from posting or transmitting to or from the Website any material:

  1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
  2. for which you have not obtained all necessary licences and/or approvals; or
  3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
  4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.3

You may not misuse the Website (including, without limitation, by hacking).

5.4

Auracle Sound  shall fully co-operate with any law enforcement authorities or court order requesting or directing Auracle Sound to disclose the identity or locate anyone posting any material in breach of clause 5.2 or clause 5.3.

6 Links to and from other websites

6.1

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Auracle Sound  has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Auracle Sound  therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

6.2

If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

  1. you do not remove, distort or otherwise alter the size or appearance of the Auracle Sound Ltd. logo;
  2. you do not create a frame or any other browser or border environment around the Website;
  3. you do not in any way imply that Auracle Sound is endorsing any products or services other than its own;
  4. you do not misrepresent your relationship with Auracle Sound nor present any other false information about Auracle Sound ;
  5. you do not otherwise use any Auracle Sound trademarks displayed on the Website without express written permission from Auracle Sound ;
  6. you do not link from a website that is not owned by you; and
  7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

6.3

Auracle Sound  expressly reserves the right to revoke the right granted in clause 6.2 for breach of these terms and to take any action it deems appropriate.

6.4

you shall fully indemnify Auracle Sound  for any loss or damage suffered by Auracle Sound  for breach of clause 6.2.

  1. Registration

7.1

Each registration to a Subscription is for a single user only. Auracle Sound does not permit you to share your user name and password with any other person nor with multiple users on a network.

7.2

Responsibility for the security of any passwords issued rests with you.

  1. Disclaimer

8.1

Whilst Auracle Sound endeavours to ensure that the information on the Website is correct, Auracle Sound  does not warrant the accuracy and completeness of the material on the Website. Auracle Sound may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Auracle Sound makes no commitment to update such material.

8.2

The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Auracle Sound  provides you with the Website on the basis that Auracle Sound  excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.

8.3

You are solely responsible for registering and obtaining the relevant so-call public performance licence (or similar) from the relevant local collection agency (for example, PRS and PPL in the United Kingdom.

  1. Liability

9.1

Auracle Sound any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Auracle Sound ’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

9.2

Nothing in this legal notice shall exclude or limit Auracle Sound ’s liability for:

  1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
  2. fraud; or
  3. misrepresentation as to a fundamental matter; or
  4. any liability which cannot be excluded or limited under applicable law.

9.3

If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

  1. Payments, cancellations and cooling off

10.1

If you reside in a country which is part of the European Union and have purchased a Subscription online, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to consume them.

10.2

If you have a Subscription, your payment to Auracle Sound will automatically renew at the end of the subscription period, unless you cancel your Subscription through your subscription page before the end of the current subscription period. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.

10.3

Auracle Sound may change the price and structure for the Subscriptions from time to time, and will communicate any price changes to you. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Auracle Sound  Service after the price change takes effect, you accept the new price.

  1. Term and termination

11.1

These Terms will continue to apply to you until terminated by either you or Auracle Sound . Auracle Sound may terminate the Terms or suspend your access to the Auracle Sound  Service at any time, including in the event of your actual or suspected unauthorised use of the Auracle Sound  Service or non-compliance with the Terms. If you or Auracle Sound terminate the Terms, or if Auracle Sound  suspends your access to the Auracle Sound  Service, you agree that Auracle Sound  shall have no liability or responsibility to you and Auracle Sound  will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Auracle Sound account, please contact us through the Customer Service contact form.

  1. Governing law and jurisdiction

12.1

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.