English
Terms of use
Effective from 1 November 2011

The rara Music Service (the "Service") is provided by rara Media Group Limited ("rara media", "we", "us" and "our" as appropriate). We are a limited company incorporated in England and Wales (registration number 5267405). Our registered office is at: Hanover House, 14 Hanover Square, London W1S 1HP. Our VAT number is 117080344.

This document ("Agreement") is a legally binding agreement between you and rara media that governs your use of the Service and associated materials and documentation that have been created and are owned by rara media or its suppliers or licensors (collectively the “Software”). By clicking the “I Agree” button or by accessing the Service, whether for a fee or for free, and whether on a permanent or a trial basis, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, you may not use the Service.

The Service is provided from the United Kingdom. Currently, this version of the Service is only available to residents of certain countries.

Summary

rara

Access to the Service is enabled by entering into a subscription via the Website. Any applicable Subscription Fees (which may be discounted for an introductory period if you are a new user of the Service) will be paid monthly in advance, subject to the terms and conditions below. We may, in our sole discretion, offer additional features from time to time, such as the opportunity to purchase additional music tracks which we make available, subject to the terms and conditions below.

Software Updates

Where you access the Service using the rara Application, the application may be updated or modified on a periodic basis without notice to you.

Consent to Use of Data

By accepting these terms and conditions you consent to the collection and processing of information about you. This information is collected by rara media and handled pursuant to the terms of the Privacy Policy, which can be found at the end of these Terms of Use.

ISP Charges

Internet service provision and related charges are governed by your internet service provider ("ISP") and rara media is not responsible for any such service or charges.

Content Usage

Subject to the terms of your Subscription, the Service lets you stream and cache as much music as you want and at any time. However, your ISP may apply restrictions to protect its network. Accordingly, you agree that you will not do anything that might impose an unreasonable or disproportionately large load on the infrastructure of the Service or rara media’s systems or networks, or any systems or networks connected to the Service or to rara media.

Your rights with respect to music you obtain on the Service are subject to copyright law and limited by the "Content Usage Rules", which can be found below in these Terms of Use.

You may not make available any materials that are illegal, obscene, offensive, pornographic or defamatory or that contain any software viruses.

Customer Support

You may contact rara media directly with any customer support issues relating to the Service. You should, however, contact your ISP directly with any customer support issues relating to your device internet access.

No cooling-off period

Your subscription starts as soon as we have successfully processed your payment as we permit you access to the Service from this time. You agree and understand that you may not cancel or withdraw from your purchase once we have validly taken payment.

Cancellation

You may cancel your Subscription at any time by clicking the “I Wish To Cancel” feature of the “Membership Options” screen (within “My Account” section of the Website) or as otherwise is instructed. In such case no further Subscription Fees will be collected (subject to all payments due having been previously collected) provided that we receive your cancellation before the end of the applicable Subscription Month. If you cancel your Subscription after the end of your Subscription Month you will be charged for the next month’s Subscription Fee or, in the unlikely event, we cease to provide the Service on such basis. If we do cease to provide the Service on such basis then we will give you as much notice as is reasonably practicable.

Age Requirements

To subscribe to the Service you must be (i) at least 18 years of age, or (ii) 13 years of age with your parents’ or legal guardians’ consent.

Your Subscription

1. Subscriptions, Subscription Fees, Automatic Subscription Renewal and Cancellation

a) Subscriptions

In order to use rara you must create an account (referred to in this Agreement as a "Subscription"). There are a number of different levels of Subscription available with different fees (and sometimes no fees) payable for each level. Each type of Subscription allows you to access and use different parts of the rara Service. When you sign up to the rara Service you will be required to select which level of Subscription you would like and a full description of what each level of Subscription allows you to and the applicable fees is available on the rara Service website at www.rara.com (the "Website").

We reserve the right to change the appearance, content or functionality of the Service at any time, create new Subscription levels at any time or to change the functionality available at each Subscription level at any time. You can upgrade your Subscription at any time via the Website.

b) Subscription Fees

"Joining Bonus Period" means any one-time, introductory free or discounted period that we may make available to you when you sign up for any paid for Subscription to the Service.

"Subscription Fee(s)" means any applicable fees for the Services from time to time. Subscription Fees are inclusive of sales tax at the rate that is current at the time of purchase, where applicable.

Subscription Fees are charged in advance and payable through a credit card payment mechanism or such other payment mechanism that we make available from time to time. You will be charged for, and we will collect using the payment mechanism that you have selected, the next and each subsequent period’s Subscription Fees as they fall due until such time as you cancel your Subscription, which you can do by clicking the "I wish to cancel" feature of the "Membership Options" screen (within "My Account" section of the Website) or as otherwise is instructed. You warrant and represent that the payment details that you submit are accurate and that you are authorised to use such payment details.

By joining as a subscriber of the Service via the "Join rara" screen you agree to this Agreement and you agree to pay all Subscription Fees that you incur through your usage of the Service. Unless we tell you otherwise, subscribers are billed on a monthly cycle, each of which begins on the day you join as a Service subscriber and ends on the same date in the next calendar month cycle (each a "Subscription Month").

The Subscription Fees are subject to change by rara media at any time. rara media will ensure that you are made aware of any price change prior to such price change taking effect so that you have the opportunity to cancel your Subscription.

Paid for Subscriptions may at our discretion be subject to a Joining Bonus Period. We will tell you if any such Joining Bonus Period is available for your Subscription during the sign up process. You will only be entitled to a Joining Bonus Period once and if you cancel a Subscription at the end of the Joining Bonus Period you will not be entitled to a further Joining Bonus Period if you subsequently take out another Subscription.

The Service uses your ISP’s data network to access the Service and to send and receive messages and Content (as defined at clause 9 of the Agreement). You must pay all costs associated with such data network usage.

c) Automatic Subscription Renewal and Cancellation of Subscription

Unless you cancel your Subscription as described below, your Subscription will automatically renew at the end of each Subscription Month for a further Subscription Month and the applicable Subscription Fees shall be payable. This shall also apply at the end of any Joining Bonus Period.

You may cancel your Subscription at any time by clicking the "I Wish To Cancel" feature of the "Membership Options" screen (within "My Account" section of the Website) or as otherwise is instructed. In such case no further Subscription Fees will be collected (subject to all payments due having been previously collected) provided that we receive your cancellation before the end of the applicable Subscription Month. Cancellation will take effect at the end of your current Subscription Month, as appropriate, during which you deliver such cancellation notice. If you cancel your Subscription after the end of your Subscription Month you will be charged for the next month’s Subscription Fee as appropriate.

Please note that, following cancellation of your Subscription, you will continue to be able to access the Service and play music during the remaining days of your current Subscription Month in accordance with the terms of your Subscription. Thereafter you will not be able to access the Service or play music unless you re-join the Service. If you take out another Subscription, when you re-join you will once again be able to access your music and playlists, so you are always welcome back. Please note that if you rejoin the Service you will not be entitled to any additional free trial period you may have previously received.

If your Subscription includes the ability to cache music on your device so that you can listen to it when you are offline, your ability to listen to any such cached content will automatically cease a short time after the end of the Subscription Month in which you cancel your Subscription.

2. Age Requirement

You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Service. In addition, the Service can only be used with the permission of the bill payer.

If you are under 18, but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he/she must agree to enter into this Agreement on your behalf if they are able to do so. Children under the age of 13 may not use the Service. By joining as a subscriber of the Service you are indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years of age, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care who is at least 13. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, you may not use the Service.

3. Your account

Access to your Subscription account will be protected by a username (which must be a valid email address) and password which you will choose at the time you create your Subscription. You may be able to use your account details from a third party account, such as Facebook Connect or OpenID, to create your Subscription account with the Service. You will need to ensure that the privacy settings in that third party account allow us to receive certain information from that third party to create your account, but we will only collect information and use it as described in our Privacy Policy.

You can change your username and password at any time, but you are responsible for keeping your rara media Subscription account username and password secure and confidential. We will be entitled to assume that anyone accessing your account using your username and password is either you or someone authorised by you and you will be responsible for any charges that are incurred by any person through your account. You must notify us immediately if you think that someone has gained unauthorised access to account.

When you create your Subscription, we will use your IP address or other geo-location technology to determine which country you are in and this will be designated your "Home Country". Depending on the level of your Subscription, you will then be able to access whatever Content we have in that Home Country irrespective of whether you are in the Home Country at any subsequent time when you access the Service.

4. Accessing the Service

Access to the Service is via the Website. We reserve the right to change the appearance, content, functionality or url of the Website at any time.

You will be responsible for obtaining access to the internet in order to access the Website and the Service and you will be responsible for paying any fees applicable for such access. You will also be responsible for obtaining all necessary equipment to connect to the internet and the Website including a computer. The minimum system and browser requirements to access the Service can be found in our FAQs on the Website.

You can log into the Service on the Website using multiple devices, but the Service will only permit streaming playback to occur on one device at a time for each Subscription.

If your Subscription includes offline caching and playback, you will be able to authorise up to three different devices with your Subscription for offline playback at any one time. You must reconnect each such device to the Service at least once every 30 days. If you do not reconnect a device for more than 30 days, that device will cease to be authorised and you will no longer be able to listen to any Content cached on that device.

5. License to Use the rara Application

In order to cache content for offline use (where your Subscription allows this) and in order to access the Service from certain mobile devices, in addition to the ability to access the internet from your device, you will be required to download a software application to your PC or mobile device (the "rara Application"). You must only download the rara Application from the Website or, in the case of a mobile device, from an authorised application store applicable to that mobile device. Your use of the rara Application is subject to the terms of this Agreement.

Where you need to use the rara Application to access and use the Service, rara media hereby grants you a limited, non-exclusive, non-transferable, non-sub-licensable right to use the rara Application to download a copy of the rara Application to your device and use such rara Application, as it has been delivered to you, on your device solely as an end user of the Service and subject to the terms and conditions of this Agreement to (i) receive streams of music from the Service to your device, (ii) to copy streams of music to a cache on your device so that you can listen to such music when you are offline, in each case to the extent permitted by the terms of your Subscription.

6. Updates, Security, and Revocation

Because the rara Application includes security components, special rules and policies apply. You agree to abide by the rules and policies established from time to time by rara media. We will apply such rules and policies generally in a non-discriminatory manner to users of the rara Application, and such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the rara Application to address security, interoperability, and/or performance issues. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you.

All streaming content is encrypted and, where your Subscription allows you to cache Content for offline playback, that cached Content is protected by digital rights management (DRM) technology to protect the Content against unauthorised use. You must not do anything to disable or circumvent the encryption of the DRM technology.

In addition, you understand that the rara Application is capable of monitoring itself for security-related and tamper-detection purposes and for communicating information to rara media about security incidents. You hereby consent to the operation of the rara Application in this way. Your copy of the Software and your access to certain applications that communicate with it are subject to restriction and/or revocation (such as being shut down) for security purposes or according to consistently applied Content-protection policies. You understand and agree that this may result in Content that was previously available for use being unavailable thereafter.

7. Activation and Privacy Information

By accepting this Agreement and using the Service, the Website, the rara Application and/or Content you consent to the collection and processing of information gathered during the installation, activation and usage of the Service. This information is collected by rara media and handled pursuant to the terms of the Privacy Policy.

Unless you give us your express permission, rara media does not distribute your personal information to any third-party other than to facilitate collecting your Subscription Fees (as defined above).

By posting messages, inputting data, or engaging in any other form of communication through the Service or the Website, you agree that rara media may copy, sublicense, edit, adapt, transmit, publicly perform and display any such content to provide and/or promote the Service or allow any third party to do the same subject always to applicable legal restrictions, and/or to respond to any legal requirement, claim or threat. If rara media's and/or any rara media authorised third party’s use of such content exploits any proprietary rights you may have in such material, you agree that rara media and/or such third party, as applicable, has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to use such material as described above. You agree that any loss or damage of any kind that you incur as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Website, the Service or the rara Application is solely your responsibility.

You acknowledge that rara media has the right to pass your details on to a third party should rara media reasonably believe that your usage of the Service or the rara Application is in conflict with copyright laws or this Agreement. You acknowledge that rara media will fully co-operate with any appropriate authority or Court order requesting or directing rara media to disclose the identity of any individual.

8. Restrictions

The Service, the Website, the Software and the Content (collectively the "Product") contain and/or embody copyright material, trade secrets and/or other proprietary material and intellectual property of rara media and its partners and/or its licensors ("Partners"). All title and ownership rights in the Product remain with rara media and its Partners, as applicable.

Save to the extent expressly permitted under this Agreement or applicable law, in addition to those prohibitions contained elsewhere in this Agreement, you agree you will not: (i) rent, lease, loan, sell, copy, or distribute the Product in whole or in part; (ii) use the Product or any portion of it to create any tool or software product that can be used to create software applications of any nature whatsoever; (iii) remove, alter, cover, obfuscate, and/or otherwise deface any trade marks or notices on the Product; (iv) modify, alter, decompile, disassemble, reverse engineer, reverse compile or otherwise reduce to human readable form, or create derivative works of the Product without the prior written consent of rara media, its business partners or Partners, as applicable; (v) use the Product for any commercial purpose; or (vi) make any of use the Content or any other Product in breach of the Content Usage Rules.

You further agree that you shall not tamper with the Product or undertake any activity intended to bypass, modify, defeat or otherwise circumvent (or having the effect of facilitating, modifying, or assisting the bypassing, defeating or circumventing of) the proper and/or secure operation of the Product and/or any mechanisms operatively linked to the Product.

Subject to the terms of your Subscription, the Service lets you stream and cache as much music as you want and at any time. However, your ISP may apply restrictions to protect its network. Accordingly you agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or rara media’s systems or networks, or any systems or networks connected to the Service or to rara media.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.

You agree that you shall not upload, post or otherwise transmit through or to the Service or the Website (a) any viruses, trojan horses, time bombs, or any other harmful programs or elements; (b) junk mail, chain letters, or other unsolicited bulk email or duplicative messages.

You agree that you will not collect information about other Service subscribers without their consent or otherwise systematically extract data or data fields, including without limitation any email addresses, phone numbers, SMS or instant messenger IDs.

You may not forge communication headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Service or the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Service, the rara Application, the Website or any Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of rara media, its Partners, its licensors or others.

Except as expressly provided by this Agreement, no other licences or rights (including rights to maintenance or updates) are granted either expressly or by implication. All rights not expressly granted to you in this Agreement are expressly reserved to rara media, its Partners and/or its licensors.

9. Authorised Use of rara media Content

The Service enables you to listen to, view, and/or read (as the case may be) music, images, video, text, and other material, that may be obtained by you, or which were in some instances previously provided to you, in digital form. This material, collectively "Content," is owned by rara media or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content you obtain for use in connection with the Software will be subject to copyright law and limited by the "Content Usage Rules", as described herein, with which authorised copies of the Content are electronically packaged. Unauthorised copies of Content (including pirate and other illegal copies) may be electronically packaged with incorrect rules that have not been approved by rara media and/or the Content owner. The Content Usage Rules provided by rara media and/or the relevant Content owner in respect of Content shall govern your rights with respect to that Content regardless of whether unauthorised rules have been associated with that Content by another party. You may not attempt (or authorise, encourage or support others attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with any Content Usage Rules or Content.

The Website and the rara Application each enable rara media to control your access to Content in accordance with the Content Usage Rules. rara media (for itself and its Content licensors) reserves the right to use the Website and/or the rara Application at any time to enforce the Content Usage Rules with or without notice to you.

You agree that the Content rights holders that license their Content to rara media for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their Content.

10. Links to Third Party Sites

The Service may present links to third party "Sites" (for the avoidance of doubt this includes websites and mobile WAP and other similar sites) not owned or operated by rara media. You acknowledge that rara media is not responsible for the availability of these Sites or their contents and such presentation does not constitute an endorsement or approval by rara media. You agree that rara media is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such Site or goods or services available through any such Site.

11. Customer Support

You may contact rara media with any customer support issues related to the Service including charges on your bill at support@rara.com. rara media and its affiliates are not responsible for any billing disputes that arise between you and your ISP and you hereby indemnify and hold rara media and its affiliates harmless for any claims, losses and damages related to any such dispute.

12. Remedies

If you are unhappy with the Service your only remedy is to cancel your Subscription to the Service. It is your responsibility to ensure you have access to the Website and/or the Service should you join as a subscriber. This does not affect any statutory rights you may have as a consumer.

13. Warranties

rara media will use its reasonable endeavours to provide an excellent, reliable and consistent Service to you. However rara media reserves the right at any time, and from time to time, to modify or temporarily discontinue the Product (or any part thereof) with or without notice to you.

You expressly acknowledge and agree that the use of the Product is at your own sole risk. The Product has been provided solely, "as is" and without warranty of any kind by rara media, its directors, employees, licensors and agents (collectively "rara media") and its Partners. To the maximum extent allowed by applicable law, rara media and Partners expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or any warranty of non-infringement. There is no warranty that the functions contained in the Product will meet your requirements, or that the operation thereof will be uninterrupted or error-free. rara media and Partners do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Product with respect to its performance, accuracy, reliability, completeness, availability of particular Content, security capability, currentness or otherwise. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to rara media or its Partners.

Without prejudice to the foregoing, rara media does not give, and hereby disclaims to the fullest extent permitted by law, any warranty that the rara Application, the Service or the Website or your use thereof will be error or virus free. Due to the inherent nature of the internet, rara media cannot guarantee and hereby disclaims any warranty that any communications with the Website will be secure.

14. Liability

Nothing in this Agreement shall (i) any statutory rights to which you are entitled and which we cannot by law agree with you to exclude if you are a consumer; or (ii) exclude or limit rara media’s liability for fraud (including fraudulent misrepresentation), death or personal injury caused by its own negligence or (iii) for any other liability which cannot be excluded or limited under applicable law.

In addition to the other provisions hereof, you acknowledge to and for the benefit of rara media and its Partners that the Product may contain bugs and is not designed or intended for use in hazardous environments requiring fail-safe performance in which the failure of the Software and/or the Service could lead to physical damage to property or environmental damage. rara media and its Partners shall have no liability whatsoever for any loss suffered as a result of such a failure of the Software and/or the Service or a breach of security involving the Software and/or the Service, whether or not such loss or breach results from the deliberate, reckless, or negligent acts of any person. The foregoing shall apply to the fullest extent permitted under applicable law.

Under no circumstances shall rara media or its Partners be liable for any unauthorised use of any Product to develop, distribute, or use any material that is defamatory, slanderous, libellous or obscene, that portrays any person in a false light, that constitutes an invasion of any right to privacy or an infringement of any right to publicity, that infringes any third party’s rights or that is contrary to any foreign, federal, state or local statute or regulation.

To the greatest extent permitted under applicable law, rara media and its Partners will not be liable or responsible to you for any loss of income, business or profits, loss of use of or interruption to the Service, loss of business information, nor for any consequential, incidental or special losses, damages or liabilities (or any other similar or equivalent losses, damages of liabilities) arising out of the use or inability to use the Product or the Service, even if rara media and its Partners have been advised of the possibility of such losses, damages or liabilities.

Subject to the other paragraphs in this section 14, rara media’s and its Partners’ liability to you or any person shall not exceed, in the aggregate for all claims for the duration of your Subscription, the sum of £100.

15. Termination

You may use the Service whenever you have a current Subscription and provided that all Subscription Fees have been paid when due. However, rara media may, if you are in any breach of this Agreement, terminate this Agreement or suspend your access to the Service at any time with or without notice.

rara media may cease to provide the Service at any time with or without notice to you. If we do cease to provide the Service on such basis then we will give you as much notice as is reasonably practicable and as your sole remedy in respect of such withdrawal rara media shall refund to you any Subscription Fees paid in advance in respect of any period after the date on which the Service is withdrawn.

16. Survival

The respective rights and obligations of you and rara media under the provisions of paragraphs 1, 3, 4, 5, 6, 8, 9, 10, 12, 14, 17, 18, 19 and 20 shall survive termination of this Agreement.

17. Intellectual Property Notices

The rara Application, the Website, the Service and the Content are protected by copyright and other intellectual property rights which are owned by rara media or its Partners and licensors and save to the extent expressly provided otherwise in this Agreement, you shall not obtain any right, title or interest in any of the foregoing. All rights reserved. Patents pending. rara media and rara are trade marks in many countries.

All trade marks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Product are the property of rara media, its Partners and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner. The Service and the rara Application (and portions of them) may be protected under patent law and may be the subject of issued patents and/or pending patent applications.

18. Infringement of Intellectual Property Rights

If you believe that your work has been reproduced on the Website or the Service in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint; (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; (d) address, telephone number or email address of the complaining party; (e) statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and (f) statement that the information in the notice of copyright infringement is accurate, and that the complaining party is authorised to act on behalf of the owner of the right that is allegedly infringed. All notices of copyright infringement should be sent to: Legal Dept, rara media, The Old School, 50 Brook Green, London, W6 7BJ, United Kingdom.

19. Copyright Information

As noted above, the Product contains and/or comprise copyright or other proprietary subject matter, and your use of them is governed by this Agreement and applicable law.

rara media respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Product constitutes copyright infringement, please send an email with full details to rara media at support@rara.com.

20. Amendments

rara media may from time to time modify the terms of this Agreement and will post a copy of the amended Agreement at the relevant country’s section on the Website. Please check that webpage regularly for revisions to this Agreement. rara media will also use reasonable endeavours to inform you through the Service of any modification to this Agreement. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to cancel your Service Subscription. You will be deemed to have accepted the Agreement as amended if you continue to use the Service, whether via the Website or the rara Application after any amendments are posted.

No provisions of this Agreement shall be deemed waived (by any act or omission) unless such waiver is in a writing signed by an authorised officer of rara media. This Agreement will bind and inure to the benefit of each party’s successors and assigns, provided that you may not assign or transfer this Agreement, in whole or in part, without the prior written consent of an authorised officer of rara media.

21. Severability

If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be illegal, invalid, unenforceable, or against public policy, such provision or portion shall be severed from this Agreement and the remainder of this Agreement shall continue in full force and effect.

22. Entire Agreement

This Agreement represents the entire agreement between you and rara media with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements and understandings, written or oral, between you and rara media with respect to the subject matter hereof.

23. Governing Law and Jurisdiction

The laws of England shall apply to the fullest extent possible. Any dispute or controversy arising out of the provision of the Content or your use or attempted use of such Content and/or the Product shall be fully and finally resolved by the courts of your home country.

24. English version prevails

In the event that this Agreement is translated into other languages and there is a conflict between the language versions, the English language version shall prevail to the extent that the conflict is the result of an error or discrepancy in translation.

Content Usage Rules

1. rara

The Service is a music service that allows you to stream music, and in some instances cache music, to your device. As a Service subscriber you can continue to stream and cache music in accordance with the terms of your Subscription during your Subscription period provided you pay the appropriate Subscription Fees (as defined above).

2. rara Application

The rara Application is a software application that is necessary to access the Service from some mobile devices and in order to cache music for use offline (if your Subscription allows such caching). The relevant mobiles and PC system requirements can be found in our FAQs.

3. Use of Website, Service, rara Application and Content

Your use of the Website, the Service, the rara Application and the Content must comply with the Content Usage Rules.

The Product is provided for your personal use only. You are not granted any commercial, copying, sale, resale, rental, lending, adaptation, reproduction, distribution, broadcast or promotional rights for the Product. You shall not use the Product for any purposes that require rights for synchronisation or a public performance license with respect to the underlying music composition. Unauthorised reproduction or distribution of the Product is expressly prohibited and may violate applicable laws.

On occasion, technical problems or expiry of rara media's right to make certain Content available may delay or prevent delivery or access to such Content. Receipt of a request does not guarantee that we can supply the selected Content to you.

rara media automatically renews all your rights to access, use and, to the extent permitted by your Subscription, cache Content at the beginning of each Subscription Month so long as your Subscription remains current. This means that in order to play any cached music after the end of a Subscription Month, you must log on to the Service so that rara media can renew your rights for that cached music. The rara Application will count the number of times that you play a music track, including while you are offline, for royalty accounting and analysis purposes.

You can log into the Service on the Website using multiple devices, but the Service will only permit streaming playback to occur on one device at a time for each Subscription.

If your Subscription includes offline caching and playback, you will be able to authorise up to three different devices with your Subscription for offline playback at any one time. You must reconnect each such device to the Service at least once every 30 days. If you do not reconnect a device for more than 30 days, that device will cease to be authorised and you will no longer be able to listen to any Content cached on that device.

4. Security

All streaming Content is encrypted and, where your Subscription allows you to cache Content for offline playback, that cached Content is protected by digital rights management (DRM) technology to protect the Content against unauthorised use. You must not do anything to disable or circumvent the encryption of the DRM technology.

5. Restrictions

You may not use the Website, the Service or the rara Application, to transmit, broadcast, communicate, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, pornographic, inflammatory, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third party rights or harm minors in any way.

The Service also includes the ability to share links to your favourite Content via certain third party social networks. In order to do so, you must have an active account with such social networks and your use of such social networks will be subject to the terms and conditions imposed by such third party over which we have no control.

rara media will fully co-operate with any appropriate authority or court order requesting or directing rara media to disclose the identity of anyone posting any such information or materials. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead other subscribers as to your identity or to the origin of a message or content.

You agree that you will not allow others to use your Service account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify rara media immediately of any unauthorised use of the Service. rara media shall not be responsible for any losses arising out of the unauthorised use of your account and you agree to indemnify and hold harmless rara media, its Partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorised or illegal uses of the same.

6. Explicit Content
Contact email addresses
For general support enquiries please consult the FAQs or contact
support@rara.com
For press enquiries please contact
press@rara.com
For potential partner enquiries please contact
partner@rara.com
Keeping up-to-date
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Address
rara Media Group Limited
The Old School
50 Brook Green
London W6 7BJ
United Kingdom
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