1. Use of Content
Your use of the GrandPad® music services (the “Services”), hosted and maintained by GrandPad, Inc. (“GrandPad”), is governed by these Terms of Use (“Terms”), and our Terms of Service and our Privacy Policy (incorporated herein by this reference and may be reviewed through the link above or in the footer on the main page of our website). The Services are provided to you from a third party named 7digital Limited (“7digital”) who obtains the Content via licenses with others. You acknowledge that all the Content and Preview Clips (each as defined below), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content and/or Preview Clip originated. 7digital and GrandPad (collectively, “we” or “us”) do not control or endorse the Content or any Preview Clip and you acknowledge that by using the Services you may be exposed to Content and/or a Preview Clip that is offensive and/or indecent. You agree that any Content you purchase or Preview Clips that you access through the Services are provided to you by way of license only. Except as expressly provided in these Terms, 7digital will not be liable for any Content, Preview Clips or any loss or damage of any kind resulting from that use of any Content or Preview Clips transmitted via the Services and you agree to bear all risks associated with such use of any Content or Preview Clips. If you do not agree to these Terms or any future updated version of them, you must not access and/or use, and must cease all access and/or use of, the Services. If any future update to these Terms requires any action from you in order to accept the updated Terms, then you may not be able to continue to use the Services until you have taken such action.
2. Digital Rights Management
Most of the songs and music (the “Content”) sold via the Services is DRM-free. However, you understand that some Preview Clips and Content include a security framework using technology that protects digital information and limits your usage of the Preview Clips and Content to certain usage rules established by 7digital and/or its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined in Section 4 below, and you agree that any other use of Preview Clips or Content in breach of the Usage Rules may constitute copyright infringement.
3. Preview Clips
A “Preview Clip” is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Preview Clips as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview Clip.
4. Content Usage Rules
4.1 You are authorized to use the Content and access Preview Clips only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the maximum extent permitted by law.
4.2 You may not use Content or any Preview Clip as a musical “ringer” in connection with mobile phone calls.
4.3 You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Services or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Content or any Preview Clip.
4.4 You agree that you will not use the Content or Services in whole or in part for any illegal purpose.
4.5 The delivery of Content or Preview Clips does not transfer to you any commercial or promotional use rights in the same.
4.6 Content in the MP3 or AAC format does not contain security technology that limits your usage of such Content and you may use them as reasonably necessary for personal, non-commercial use.
4.7 We may at any time limit the number of devices that you may access the Services from simultaneously.
4.8 You agree that you will not (and you will not permit anyone else to):
4.9 You agree that by your purchase of Content or access to Preview Clips constitutes your acceptance of and agreement to use such Content or Preview Clips solely in accordance with the Usage Rules, and that any other use of the Content or the Preview Clips may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content or Preview Clip (as applicable). The Usage Rules shall govern your rights with respect to the Content. We reserve the right to modify the Usage Rules for future purchases via the Services at any time. However, such changes will not apply to Content you have already purchased and downloaded. Any change to the Usage Rules will be communicated to you. In the event that you refuse to accept the Usage Rules, you will no longer be able to acquire Content from the Services.
5. Additional access to Content via the PSA
5.1 You may have access to a personal storage area (“PSA”) for Content purchased via the Services, the content of which is your sole responsibility and is held on third party cloud servers and infrastructure not controlled by 7digital in geographically dispersed locations.
5.2 We provide access to such purchased Content via the PSA free of charge and without warranty.
5.3 You may be allowed to stream or re-download such purchased Content. Access to previously purchased Content from the Services will be available via the PSA, except as provided for herein.
5.4 You acknowledge and agree that you should not rely on 7digital to back up and store any files made available via the Services to the PSA. GrandPad bears the responsibility to back up and store any such files.
5.5. We may be required by licensors to share aggregated, anonymous PSA usage information with 7digital’s content licensors and you consent to 7digital and GrandPad sharing such usage information.
5.6 In addition to the licensor restrictions as set out in Section 6 below we may, in our sole and absolute discretion, set a re-download, streaming, and or bandwidth limitation or other usage limitation on your usage of the PSA.
5.7 GrandPad will obtain and maintain any and all necessary licenses and permissions in connection with your use of the PSA.
5.8 We may be required to remove certain Content from the Service, in the event that our licensors no longer hold the necessary rights and permissions to such Content, in which case, you agree to our removing the copy of such Content from your PSA, to avoid any further infringements of intellectual property.
6. Licensor Restrictions
6.1 You acknowledge that any and all the copyright, trademarks, trade names and other intellectual property rights subsisting or used in connection with the Services, including but not limited to all Content, Preview Clips and intellectual property rights incorporated into the Services shall remain the sole property of us, the rights owner, the third party content providers or our licensors as applicable. You agree to immediately notify us of any actual or suspected infringement and you also agree not to use any of our trademarks as part of the name under which we conduct our business.
6.2 Except for the rights explicitly granted to you in these Terms, all right, title, and interest in the Services, Preview Clips and the Content are reserved and retained by us, the rights’ owner, our third party content providers, and our licensors, with all rights reserved. You do not acquire any ownership rights in the Content purchased, or Preview Clips accessed through the Services, as a result of downloading the Content or accessing the Preview Clips. All other trademarks, product names and company names or logos cited in these Terms are the property of their respective owners.
6.3 Access to Content is subject to re-download limits imposed by certain licensors. You acknowledge that you may only re-download purchased Content up to five (5) times. You are encouraged to independently back up your Content at the earliest opportunity.
6.4 Availability of Content and/or any Preview Clips via the Services is at the discretion of the third party licensor providing such Content and/or Preview Clips to us, and We may therefore be required by such licensors to remove Content and/or Preview Clips from the Services without notice to you. Access of Content via the PSA is also controlled by our licensors, and such access is provided by licensors on the basis that access may be withdrawn by licensors at any time, for any reason. Therefore, Content on our Services may be removed without notice and as a result, affected Content will remain listed, but will no longer be available for access in your PSA.
6.5 Our licensors license Content by region. Therefore, we and/or our partners may need to monitor your activity by geographic location and, if necessary, employ geo-blocking software to prevent the purchase of Content and/or use of Preview Clips in unlicensed territories.
7. Monitoring
7digital shall have no obligation to monitor the Services but shall be entitled to review materials posted to communication features and, at its sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.
8. Entire Agreement
8.1 These Terms and any documents referred to herein contain the whole agreement between us and you and supersede any prior or contemporaneous agreements, terms, or conditions, written or oral, whether implied by statute or common law, in respect of the Services. If you do not comply with these Terms, and we do not take action immediately, this does not mean we have given up any rights that we may have (such as taking action in the future). If any part of these Terms is held to be invalid, unlawful, or unenforceable, then that part of the Terms will be deemed to be deleted and the rest of the Terms will continue to be valid and enforceable.
8.2 In the event of any conflict between these Terms and any other terms (such as our Privacy Policy or Terms of Service), these Terms shall prevail.
9. Third Party Beneficiaries
Notwithstanding anything to the contrary in these Terms, third parties owning or controlling the underlying rights in the Content and Preview Clips and who are 7digital’s licensors of such rights, shall be deemed third party beneficiaries of these Terms. Such third party rights holders shall be entitled to bring legal proceedings directly against you in the event of non-compliance with the terms set out herein.
Copyright © 2024 by GrandPad, Inc. All rights reserved.
Last revised: October 10, 2024.