A notification of claimed copyright infringement must be addressed to eSound Music’s copyright agent listed above and substantially include the following:
eSound Music may, in accordance with our own policy, terminate the accounts of users who are found to be repeat infringers of copyright.Since we believe it is important to protect copyright we also offer a service to protect the works of content creators and copyright owners.
These conditions of use and sale (hereinafter the “Terms”) govern exclusively the eSound Premium Service. These conditions apply to the exclusion of any other terms, particularly those that apply to other Services – free or paid – offered on the Site or the Application.
The purpose of these Terms is to define the contractual and commercial relationship between eSound, on the one hand, and any subscriber to the eSound Premium Service, eSound Family Service and eSound Student Service (hereinafter the “Subscriber”), on the other hand.
The use of the Site and of the eSound Premium Service is authorised for personal and private use only, therefore any other use, particularly in public premises and for businesses, is strictly forbidden.
The eSound Premium Service is a service subject to consent to these Terms, to listen to unlimited sound recordings (hereinafter the “Recordings”) without any advertisements or limitations, on multiple devices as described hereunder.
The eSound Premium Service includes personalised music, playlists and other content recommendations.
Once the Subscriber has signed up, he/she has access to all features of the eSound Premium Service from the Site or the Application.
The main characteristics of the eSound Premium Service are as follows:
- Unlimited access of Recordings included in the eSound Premium Service music catalogue, in order to listen to them later when off-line;
- No advertising.
The eSound Premium Service can only be used on all the devices in which the free version is running.
The eSound Premium Service is accessible to the Subscriber until the end of his/her subscription as stated on the subscription page of the Site at the time of subscribing or the cancellation of his/her subscription under the Terms hereunder.
The eSound Premium Service is accessible from a personal computer (PC or Mac) by connecting to the Site or desktop application or from a portable device through the Application, which needs to be downloaded by the Subscriber.
eSound informs the Subscriber that it declines all liability with regard to advertisements displayed within content provided and hosted by third parties and which may be integrated into and/or referred to on the Site or the Application.
The use of the eSound Premium Service requires a high-speed Internet connection and an Internet service for portable devices. These connections are not provided by eSound; the Subscriber must therefore first register with a high-speed Internet and/or mobile Internet offer in order to use the eSound Premium Service.
A mobile Internet connection via third or fourth generation (3G or 4G) mobile technology is highly recommended.
The music catalogue available as part of the eSound Premium Service may be subject to change. eSound cannot guarantee the availability of any given track or album or any artist or group in the eSound Premium Service catalogue. Moreover, eSound cannot guarantee that any given track, album, artist or group in the eSound Premium Service catalogue will be available indefinitely (see copyright claims reported above). eSound incurs no liability for the withdrawal of any part of the catalogue content made available.
As a Subscriber, you can activate the eSound Premium Service on a compatible portable device registered with the eSound Premium Service.
The eSound Premium Service can be accessed 24 hours a day, seven days a week, within the limit of the Terms and the terms of Article 10 hereunder.
The Recordings made available within the eSound Premium Service are determined based on the country where the Subscriber has subscribed to the eSound Premium Service (his/her country of residence). In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market, any Subscriber who has subscribed to the eSound Premium Service from a member state of the European Union will have access to the same content in the same manner when using the eSound Premium Service while temporarily present in another member state, at no additional cost. However, eSound cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.
Any Subscriber who has subscribed to the eSound Premium Service outside the European Union will also be given access to the same content in the same manner when using the eSound Premium Service while temporarily present in another country, at no additional cost. However, eSound cannot guarantee the same quality of service as provided in the Subscriber’s country of residence.
eSound has the right to make any changes or improvements to the eSound Premium Service as it deems necessary. eSound nevertheless guarantees that it will not affect the quality or substantially change the features of the eSound Premium Service.
In addition, eSound has the right to temporarily remove access to the eSound Premium Service, without prior notice or compensation, where necessary to carry out maintenance or ensure continuity of service. The Subscriber acknowledges that eSound cannot be held liable and thus waives any right to compensation and/or action against eSound in that respect. Notice of temporary interruptions in the eSound Premium Service will be given on the Site at least 24 (twenty-four) hours before they occur, unless they are urgent. eSound is also entitled to shut the Service down permanently with no compensation payable. Notice of the permanent shutdown of the eSound Premium Service will be given via the Site or Application. The Subscriber will no longer be liable for any payment from the date of the eSound Premium Service shutdown.
The Subscriber expressly recognises and accepts that the supply of the eSound Premium Service starts at the time his/her subscription is confirmed and acknowledges that consequently he/she loses his/her right to withdraw from the subscription. Accordingly, no request for withdrawal, cancellation or refund will be accepted once the subscription is confirmed.
eSound offers a monthly subscription (or any other period depending on the offers made on the Site or the Application).
Unless cancelled by the Subscriber pursuant to Article 5.4, and unless the Subscriber uses a non-recurring payment method, the subscription to the Service renews automatically for exactly the same duration as the initial period. Therefore, if the Subscriber takes out a monthly subscription, such subscription will be renewed automatically each month.
Where a subscription is taken out directly from the Site or Application, in order to cancel his/her subscription the Subscriber must go to his/her device subscription managment (istruction are provided for every platform) and cancel the subscription. Cancellation will be effective at the end of the current subscription period, if made at least 48 (forty-eight) hours before the end of the period. For a trial or discovery period, cancellation occurs at the date and time of cancellation as indicated in the Subscriber’s account, unless stated otherwise on the Site.
If the subscription was taken out via a third-party website (such as iTunes for example), the Subscriber must follow the instructions to cancel the subscription. The Subscriber should be aware that conditions (how to cancel, within what timeframe, etc.) may vary from one third-party platform to another.
The Subscriber declares that he/she has the capacity to agree to these Terms; this means that he/she is of the legal age required and not under any legal protection measure (such as legal guardianship).
The Subscriber declares that he/she is a resident in a country where the eSound Premium Service is available and that he/she is the owner of a credit card issued by a bank in the same country.
In order to subscribe to the eSound Premium Service, every Subscriber must:
- Create an account on the Application or, if the Subscriber is already registered, log in to the Application;
- Provide the information requested on the subscription form;
- Give his/her consent to the Terms;
- Pay the price for his/her subscription via one of the payment systems offered;
- Confirm his/her subscription.
The Subscriber agrees to provide true, accurate and genuine information about himself/herself in connection with his/her registration with the Site, the Application and the eSound Premium Service.
The Subscriber can change the password given on his/her account at any time by going on the specific section of the website.
The Subscriber must immediately inform eSound of any loss or unauthorised use of his/her account, identification details or password. The passwords and identification details are personal and the Subscriber undertakes not to disclose them. As a result, the Subscriber is solely responsible for their use.
The Subscriber is solely liable for the consequences arising from the misuse of his/her account by the Subscriber himself/herself or by a third party who has accessed the Subscriber’s account due to the Subscriber’s fault or negligence, and as a result, the Subscriber acknowledges that eSound and all its partners, co-contracting party(ies) or rights-holders cannot be held liable in this regard.
The subscription price is stated in the Application and is inclusive of all taxes.
eSound has the right to change the price of all subscription offers from time to time.
Any increase in the rate of VAT (Value Added Tax) will be passed on automatically and immediately in the price of the eSound Premium Service. The same will apply should a new tax be created, based on the price of the eSound Premium Service and applicable to eSound. The conditions for cancellation applicable in the event of a change in price of the eSound Premium Service mentioned above will apply under the same conditions in the event of a price change arising from an increase in or the creation of new taxes.
Subscribers are reminded that the connection and communication (Internet) costs relating to the use of the eSound Premium Service are not borne by eSound and are payable solely by the Subscriber.
The first payment will be made at the time of subscription, and thereafter payments will be made at the beginning of each month or year, by direct debit, until the subscription is cancelled, whether cancellation is initiated by the Subscriber or eSound.
For optimised transaction security, eSound has chosen the payment systems of various companies with which it has entered into agreements. The guarantees given by eSound in terms of transaction security are identical to those obtained by eSound from these payment service providers.
Unless the Subscriber provides evidence to the contrary, the computerised records kept within the computer systems of eSound and its partners in conditions of reasonable security will be treated as proof of communications, orders, validations and payments that have taken place between the Subscriber and eSound. This information shall be treated as valid proof between the Subscriber and eSound unless the Subscriber is able to provide written proof to the contrary.
i) Each Subscriber can post messages, information and/or comments on the Site and the desktop Application. The Subscriber is solely liable for any messages, content or information published by him/her on the Site or desktop Application; eSound is considered to be an Internet service-hosting provider only and cannot be held liable for the content published by the Users on the Site or Application, over which eSound has no control or supervision.
To avoid being held liable, the Subscriber expressly agrees to ensure that any message published by him/her on the Site or desktop Application complies with the following requirements (this list is not exhaustive):
- Does not infringe third party intellectual property rights; the Subscriber therefore agrees not to publish content on the Site or desktop Application that is protected under copyright law, a registered trademark or more generally any content protected by any other intellectual property rights held by third parties without the prior consent of the owner or owners of said rights;
- Contains no computer virus able to interrupt, destroy or affect the Site or desktop Application’s features;
- Does not celebrate crime or criminal behaviour or contain illegal or threatening messages or content of a paedophile, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic or revisionist nature or contrary to public order and good manners;
- Does not infringe any right to privacy or promote disrespect for human dignity;
- Does not encourage violence, fanaticism, crime, suicide or hatred linked to religion, race, sex, sexual preferences or ethnicity;
- Does not harass other Users;
- Does not promote or encourage any criminal activity or enterprise;
- Does not request and/or disclose passwords and/or personal information for commercial or illegal purposes;
- Does not transmit email chains, mass unsolicited emails, instant messages, advertising messages and spam messages;
- Contains no advertising and/or canvassing in order to offer products and/or services to sell through the Site or the Application;
- Contains no addresses or Internet links transferring to an external website the content of which violates any applicable law and/or regulation, infringes third party rights or is in breach of the Terms.
ii) The Subscriber agrees not to use any automated system such as scripts for the purpose of adding Users to his/her User account and/or sending comments or messages.
iii) If the Subscriber breaches any law or infringes any third-party rights, eSound has the right to provide any information enabling or facilitating the identification of the offender at the request of any legal authority (courts, administrative authorities and police forces).
The Subscriber declares that he has been informed of the scope and limitations of the Internet network.
As a result, eSound disclaims all liability for any malfunction in access to the eSound Premium Service, the speed at which the pages of the Site or Application open and can be read, the listening speed of any tracks, the temporary or permanent inaccessibility of the eSound Premium Service, and the fraudulent use by third parties of the information provided on the Site or Application.
It is therefore the Subscriber’s duty to protect his/her equipment against any form of intrusion and/or virus contamination, for which eSound can never be held liable. eSound can never be held liable for any malfunction of or damage caused to the Subscriber’s equipment.
More broadly, eSound disclaims any liability if a breach of any obligation results from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning and more broadly any unstoppable and unforeseen event which prevents orders being carried out successfully.
eSound disclaims all liability should it transpire that the eSound Premium Service is incompatible with certain equipment and/or features of the Subscriber’s equipment.
Finally, the Subscriber is solely liable for his/her use of the eSound Premium Service and cannot hold eSound liable for any claim and/or proceedings against him/her in this regard. The Subscriber shall be responsible for any claim, complaint or objection and more broadly any proceedings brought against eSound by a third party in relation to the Subscriber’s use of the eSound Premium Service.