Thanks for choosing Play Hotel Music. By registering for, or using the Play Hotel Music Service (as defined below), the company, organization, person or entity that you represent (“Entity”) is entering into a binding contract with PumpStation Inc (“PumpStation”, “we”, “us”, “our”). Entity’s agreement with PumpStation includes these terms and conditions of use together with the mobile terms, and our privacy policy, as applicable (together the “Agreement”). This Agreement shall prevail over and overrule any additional PumpStation terms and conditions that Entity may need to accept in the course of registering for the Play Hotel Music Service. The “Play Hotel Music Service” as used in this Agreement means PumpStation’s subscription-fee based monthly desktop and portable music streaming and conditional download service for commercial use.
By registering for the Play Hotel Music Service you warrant and represent that you are authorized to bind the Entity to this Agreement. The Entity further warrants and represents that (a) it complies with and will comply with the Play Hotel Music subscription requirements set out in section 3 below; (c) any registration information that it submits to PumpStation is true, accurate and complete, and Entity agrees to keep it that way at all times; (d) it is authorized to grant all permissions and licenses provided in this Agreement (e) it shall comply with any laws and regulations that apply to its use of the Play Hotel Music Service; and (f) it shall not use the Play Hotel Music Service for personal use and shall not allow any third party to do so.
Occasionally we may, in our discretion, make changes to the Play Hotel Music Service and the Agreement. When we make changes to the Agreement that we consider material, we’ll notify the Entity through the Play Hotel Music Service. By continuing to use the Play Hotel Music Service after those changes are made, Entity is expressing and acknowledging its acceptance of the changes.
One Play Hotel Music subscription (the ”Play Hotel Music Subscription”) entitles Entity to stream one stream of music at any time within the same Entity premises during the agreed subscription period. Should an Entity wish to stream more than one stream at the same time in one Entity premises, it can purchase additional “accounts” entitling it to one more additional streams.
It is possible to store cached content on up tonine (9) computers, mobile handsets and/or other relevant devices (collectively “Devices”), while the Play Hotel Music Subscription is active. It is not permissible to transfer copies of cached content to any other Device via any means. By using the mobile service, Entity agrees to accept the mobile terms.
The Play Hotel Music Service and the content provided through it are the property of PumpStation or PumpStation’s licensors, and we grant Entity a limited, non-exclusive, revocable licence to make commercial, use of the Play Hotel Music Service and to receive the media content made available through the Play Hotel Music (the “Licence”). Entity agrees not to transmit or use the Play Hotel Music Service outside of the premises identified in the relevant Play Hotel Music Subscription. The PumpStation software applications are licensed, not sold, to Entity, and PumpStation retains ownership of all copies of the PumpStation software applications even after installation on Entity Devices. PumpStation may assign this Agreement or any part of them without restrictions. Entity may not assign this Agreement or any part of them, nor transfer or sub-licence Entity rights under this Licence, to any third party.
All PumpStation trademarks, service marks, trade names, logos, domain names, and any other features of the PumpStation brand are the sole property of PumpStation. This Licence does not grant Entity any rights to use the PumpStation trademarks, service marks, trade names, logos, domain names, or any other features of the PumpStation brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines in section 8 below, and not to use the Play Hotel Music Service (including but not limited to its content) in any manner not expressly permitted by the Agreement. Third party software libraries included in the Play Hotel Music Service are licensed to Entity either under this Agreement, or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and on our website.
The Play Hotel Music Service provides a platform for third party applications, websites and services to make available products and services to Entity (“Third Party Applications”), and Entity’s use of these Third Party Applications is subject to their terms of use. You understand and agree that PumpStation is not responsible or liable for the behavior, features, or content of any Third Party Application.
In consideration for the rights granted to Entity under this Agreement, Entity grants PumpStation the right to allow the Play Hotel Music Service and our business partners to use the processor, bandwidth and storage hardware on Entity’s Device in order to facilitate the operation of the Play Hotel Music Service.
So long as Entity subscribes to the Service, PumpStation may use the name of the Entity and/or logo to identify Entity as a customer of the Service.
This Agreement is not intended to grant rights to anyone except Entity and PumpStation, and in no event shall this Agreement create any third party beneficiary rights. Any failure by PumpStation to enforce this Agreement or any provision thereof shall not waive PumpStation’s right to do so.
We’ve established a few ground rules for Entity to follow when using the Play Hotel Music Service, to make sure that the Play Hotel Music Service stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
PumpStation respects intellectual property rights and expects Entity to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the Play Hotel Music Services or content delivered to Entity via the Play Hotel Music Services, or otherwise any making use of the Play Hotel Music Service which is not expressly permitted under this Agreement; (b) using Play Hotel Music Service to import or copy any local files Entity does not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Play Hotel Music Services or any part thereof; (d) circumventing any technology used by PumpStation, its licensors, or any third party to protect content accessible through the Play Hotel Music Service; (e) renting or leasing of any part of the Play Hotel Music Service; (f) circumventing of any territorial restrictions applied by PumpStation; (g) artificially increasing play count or otherwise manipulating the Play Hotel Music Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Play Hotel Music Service; (i) providing Entity’s password to any other person or using any other person’s user name and password.
Please respect PumpStation and other users of the Play Hotel Music Service. Don’t engage in any activity on the Play Hotel Music Service or upload Posted Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of PumpStation or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Play Hotel Music Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents Entity’s affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the PumpStation inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Play Hotel Music Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Play Hotel Music Service or PumpStation’s computer systems or network, or breaches any of PumpStation’s security or authentication measures, or (l) conflicts with the Agreement, as determined by PumpStation. Entity agrees that PumpStation may also reclaim Entity’s username for any reason.
Entity may not use the Play Hotel Music Service in any manner that implies an endorsement, affiliation, cooperation or relationship between Entity and any artist, band, label, or entity unless Entity separately has obtained prior approval from such artist, band, label, or entity for the relevant use.
PumpStation reserves the right, at any time, to remove or disable access to playlist compilations created and/or used by Entity in the Play Hotel Music Service, for any or no reason, including but not limited to playlist compilations that in PumpStation’s sole discretion, violates this Agreement. PumpStation may take these actions without prior notification to Entity.
In addition to the terms and guidelines set out in this Agreement, Entity agrees to comply with any additional terms or guidelines that may apply from time to time to use of the Play Hotel Music Service under a brand account/branded profile. Each Play Hotel Music Subscription is protected by a password and the Entity is solely responsible for keeping its password confidential and secure. Entity is responsible for all use of its username and password on the Play Hotel Music Service. If its username or password is lost or stolen, or if a suspected unauthorized access of the Entity’s Play Hotel Music Subscription occurs, please notify us immediately and change password as soon as possible.
PumpStation respects the rights of intellectual property owners. For details on PumpStation’s copyright policy, please click here.
PumpStation will make reasonable efforts to keep the Play Hotel Music Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. PumpStation reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Play Hotel Music Service, with or without notice, all without liability to Entity for any interruption, modification, or discontinuation of the Play Hotel Music Service or any function or feature thereof. Entity understands and agrees that PumpStation has no obligation to maintain, support, upgrade, or update the Play Hotel Music Service, or to provide all or any specific content through the Play Hotel Music Service.
This Agreement will continue to apply until terminated by either Entity or PumpStation. PumpStation may terminate the Agreement or suspend Entity’s access to the Play Hotel Music Service at any time, including in the event of Entity’s actual or suspected unauthorized use of the Play Hotel Music Service or non-compliance with this Agreement. If Entity or PumpStation terminate this Agreement, or if PumpStation suspends Entity’s access to the Play Hotel Music Service, Entity agrees that PumpStation and Soundtrack shall have no liability or responsibility to Entity. To learn how to terminate Entity’s Play Hotel Music Subscription, please contact Customer Service at [email protected].
We endeavor to provide the best service we can, but Entity understands and agrees that THE Play Hotel Music SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. USE OF THE PUMPSTATION SERVICE IS AT ENTITY’S OWN RISK. PUMPSTATION DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, PumpStation does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, Posted Content, or any other product or service advertised or offered by a third party on or through the Play Hotel Music Service or any hyperlinked website, or featured in any banner or other advertising. Entity understands and agrees that PumpStation is not responsible or liable for any transaction between Entity and third-party providers of Third Party Applications or products or services advertised on or through the Play Hotel Music Service. As with any purchase of a product or service through any medium or in any environment, Entity should use Entity’s judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by Entity from PumpStation shall create any warranty on behalf of PumpStation in this regard.
Entity agrees that, to the extent permitted by applicable law, Entity’s sole and exclusive remedy for any problems or dissatisfaction with the Play Hotel Music Service, the Third Party Applications or the Third Party Application content is to uninstall any PumpStation software and to stop using the Play Hotel Music Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PumpStation, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PUMPSTATION SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PUMPSTATION HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PUMPSTATION SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY ENTITY TO SOUNDTRACK DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in this Agreement removes or limits PumpStation’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
This Agreement constitutes all the terms and conditions agreed upon between Entity and PumpStation and supersedes any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from Entity to PumpStation are void. Entity represents that it has not accepted the Agreement in reliance on any oral or written representations made by PumpStation that are not contained in the Agreement.
PumpStation may send Entity notice with respect to the Play Hotel Music Service by sending an email message to the email address listed in the Entity’s Play Hotel Music Subscription information, by sending a letter via postal mail to the mailing address listed in Entity’s Play Hotel Music Subscription information, or by posting updates to the Agreement on playhotelmusic.com. Notices shall become effective immediately.
Should any provision of this Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement, and the application of that provision shall be enforced to the extent permitted by law.
This Agreement is subject to the laws of South Korea, without regard to choice or conflicts of law principles. Further, Entity and PumpStation agree to the exclusive jurisdiction of the courts of South Korea to resolve any dispute, claim or controversy that arises in connection with this Agreement.
Thank you for reading our Agreement. We hope you enjoy Play Hotel Music.
To provide you with the Play Hotel Music Service (or “Service”, both as defined in the terms and conditions of use), PumpStation (“PumpStation”,“we”, “us”, “our”) needs to collect some information about you, and this Privacy Policy is where we describe the information we collect, what we do with it, and how you can manage and control the use of your information. By using or interacting with the Service, you are entering into a binding contract with us and consenting to the use of your information as explained in this Privacy Policy. If you don’t agree with these terms, then please don’t use the Service.
2.1 Registration data
When you sign up for the Service, we may collect information we ask you for, like your username, password, e-mail address, date of birth, gender, postal code, and country. We may also collect information you voluntarily add to your profile, such as your mobile phone number and mobile service provider.
2.2 Usage, log data & cookies
When you use the Service, we automatically collect certain information, including: (i) information about your type of subscription and your, interactions with the Service, including with songs, playlists, other PumpStation users, Third Party Applications (as defined in the terms and conditions of use and advertising, products and services which are offered, linked to or made available on the Service; (ii) the details of the queries you make; (iii) Posted Content you post, upload and/or contribute to the Service (as defined in the terms and conditions of use); (iv) technical data, which may include the URL you are coming from, your IP address, unique device ID, network and computer performance, browser type, language and identifying information, transactional information enabling digital rights management, operating system, and PumpStation application version; and (v) location information. We may use cookies and similar technologies to collect this information and you can learn more about such use at the bottom of this Privacy Policy (by clicking here). We may store this information so that it can be used for the purposes explained in Section 3.
2.3 Other Services
To the extent you may integrate your PumpStation account with third party services (“Integrated Services”), we may receive, use and share the categories of information described above, including information made publically available on or through your account of such Integrated Service, in accordance with this Privacy Policy.
2.4 Payment data
When you sign up for Play Hotel Music or make other purchases through the Service, your credit card information and other financial data that we and/or Soundtrack (as defined in the terms and conditions of use) need to process your payment are collected and stored by third party payment processors. We may collect some limited information, such as your postal code, mobile number and details of your transaction history. In addition, the third party payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and last four digits. If you choose to pay by invoice, PumpStation may need to collect and transfer additional information, like your name, date of birth and phone number, to our invoicing service provider to enable credit checks and send you invoices. The use of your data by our invoicing service provider is subject to its privacy policies.
2.5 Sweepstakes, contests, & surveys
To the extent we offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. A Special Promotion may be governed by a privacy policy and/or terms and conditions that are separate from this Privacy Policy and the terms and conditions of use. If the provisions of the Special Promotion’s privacy policy or terms and conditions conflict with this Privacy Policy or the terms and conditions of use, those separate terms and conditions or privacy policy shall prevail. If you participate in a Special Promotion, we may ask you for certain personal information in addition to what is stated in this Privacy Policy. That additional information may be combined with other account information and may be used and shared as described in this Privacy Policy.
We may use the information we collect, including your personal information, to: (i) provide, personalise, and improve your experience with the Service and products and services made available through the Service, for example by providing customised or localised content and advertising; (ii) ensure technical functioning of the Service and products and services made available through the Service, develop new products and services, and analyse your use of the Service, including your interaction with applications, advertising, products and services that are made available, linked to or offered in the Service; (iii) communicate with you for Service-related purposes, including promotional e-mails or messages; (iv) enable and promote the Service, including features and content of the Service and products and services made available through the Service, such as sharing, user interactions, notifications and suggestions, and integration with third party services; (v) enforce this Privacy Policy, the terms and conditions of use, including to protect the rights, property or safety of PumpStation, users or any other person and the copyright-protected content of the Service; and (vi) as otherwise stated in this Privacy Policy.
Sharing with Third Party Applications
To personalise your experience, we may share some information we have collected about you with providers of Third Party Applications, such as high-level geographic information, your musical preferences, 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.
Please note that if you:
4.4 Service providers and others
We may from time to time share your information with other companies in the PumpStation group as well 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 this Privacy Policy and applicable law.
4.5 Other sharing
In addition to the above, we may also share your information to third parties for these limited purposes:
You understand and agree that the privacy policies of third parties will govern all use of information that we provide to them under this section.
Through your settings, you can choose which communications you receive from us, manage your public information, and set your sharing preferences. However, please note that it may not be possible to make certain information private on the Service, including your name and/or username, profile picture, and other basic information, such as your following relationships. Such information and other information which are set to “public” in your settings, such as playlists, may be used, re-shared or linked to by others on the Service or others across the web, so please use PumpStation carefully and manage your account settings regularly. Remember that if you make profile content private, others who already subscribe to or otherwise have the details of such content may still have access to it. Also keep in mind that playlists and other content added to your profile may include personal information, such as username, which could enable other persons to find you in the Play Hotel Music Service or other services.
To change, customise, or limit access to or sharing of information collected from Integrated Service, please visit your account settings on that service.
PumpStation processes information about our users on servers located in a number of countries. Accordingly, PumpStation may share your information with other companies in the PumpStation Group for the purpose of them carrying out any of the activities specified in this Privacy Policy. PumpStation may also subcontract processing to or share your information with third parties located in countries, other than your home country. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to, and processed by companies in the PumpStation Group or other third parties identified above, located in a country outside of the EEA and Switzerland, where you may have fewer legal rights in relation to your information. However, the PumpStation Group will only process your information as described in this Privacy Policy in every country. You expressly consent to your information being used as set out in this section 6.
We may display advertisements from third parties and other content which links to third party websites. We cannot control or be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your personal information.
We are committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and sign off after having used the PumpStation Business Service. While we take reasonable data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information at any time.
If you are under 13 years of age, do not use the Service and do not provide any personal information to us. If we discover that a child under 13 has provided us with personal information, we will delete it.
You can access and amend some of the information we keep on you through your settings. To learn more about the information we store about you, e-mail [email protected]. We will respond within a reasonable period of time upon verification of your identity.
If you have any questions or comments about this Privacy Policy, please contact us at [email protected].
We may make changes to this Privacy Policy from time to time, so please visit this Privacy Policy regularly. If we make changes which we believe are material, we will inform you through the Service. Your continued use of the Service thereafter constitutes acceptance of the changes.
What are cookies and similar technologies?
A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognise your device the next time you visit their website. There are other similar technologies such as pixel tags, web bugs, web storage and other similar files and technologies that can also do the same thing as cookies. PumpStation uses the term “cookies” in this policy to refer to cookies and all such similar technologies that collect information in this way.
How we use cookies
We use cookies for the purposes, as explained below.
Cookie Type & Purpose
Essential Operational
These cookies are necessary to allow us to operate the Play Hotel Music Service as you have requested. For example, they let us recognise what type of subscriber you are and then provide you with services accordingly.
Performance/Analytics
We use these cookies to analyse how the Play Hotel Music Service is accessed, used or is performing. We use this information to maintain, operate and continually improve the Play Hotel Music Service. We may also obtain information from our e-mail newsletters, to learn whether you opened or forwarded the newsletter or clicked on any of the content. This information tells us about our newsletters’ effectiveness and helps us ensure that we’re delivering information that you find interesting.
Functional
These cookies let us operate certain functions of the Play Hotel Music Service in line with the choices you make. These cookies mean that when you continue to use or come back to the Play Hotel Music Service, we can provide you with our services as you have asked for them to be provided, such as knowing your username, remembering how you have customised our services and reminding you of music you have enjoyed.
Targeting/advertising
We use these cookies to serve you with advertisements that may be relevant to you and your interests. The information may also be used for frequency capping purposes and to help us regulate the advertisements you receive and measure their effectiveness.
Third Party
We may allow our business partners to use cookies on the Play Hotel Music Service for the same purposes identified above. We may also use service providers acting on our behalf to use cookies for the purposes identified above.
Soundtrack Ads
We work with web publishers, advertising networks and service providers to deliver PumpStation ads on other web sites. Cookies may be used to serve you with advertisements that may be relevant to you and your interests on other web sites and to regulate the advertisements you receive and measure their effectiveness.
Manage your preferences
Most web browsers allow you to manage your cookie preferences. You can set your browser to refuse cookies, or delete certain cookies. Generally you should also be able manage similar technologies in the same way that you manage cookies – using your browsers preferences. The following links show how to adjust the browser settings of commonly used browsers:
Please note that if you choose to block cookies, this may impair or prevent due functioning of the Play Hotel Music Service.
Two of the third party services we use to track activity related to the Service, e.g. by placing cookies are Google Analytics and Hasoffer Analytics. If you don’t want any information to be collected and used by Google Analytics you can install an opt-out in your web browserhttps://tools.google.com/dlpage/gaoptout?hl=None) and if you don’t want any information to be collected and used by Hasoffer Analytics you can opt-out by clicking the following link: www.mobileapptracking.com/privacy-policy/
More information
For more information about the use of cookies and how to block them, visit www.allaboutcookies.org, www.youronlinechoices.eu (Europe) or www.aboutads.info/choices/ (United States). If you have any questions or comments about our use of cookies, please contact us at [email protected].