Terms & Conditions
Last Updated: 11 December 2019
Welcome to MelodyVR, a virtual reality/360-degree platform that lets you watch your favourite artists from the “unobtainable seat in the house”. We put you up on stage, up close and extremely personal with your favourite artists. We give you the opportunity to select from a variety of live and on-demand programmes, including full concerts, individual tracks, and other audiovisual content (collectively, the “Content“).
- SERVICE DESCRIPTION
These terms and conditions (“Terms“) apply to MelodyVR’s virtual reality platform and service, including all features and functionalities, website, and user interfaces, as well as all content and software associated with the service and that may be offered from time to time through a variety of Access Points (defined below), referred to collectively as the “Service“. The term “Access Points” refers to, collectively, the MelodyVR website (available at: https://melodyvr.com/, the “MelodyVR Site“), applications, and other places where the Service and the Content are available, including websites, applications, software and hardware of MelodyVR’s third party distribution partners and other websites where users or website operators are permitted to embed, stream or have otherwise licensed the Content.
The Service is operated by MelodyVR Ltd (“we“, “us“, “our“, or “MelodyVR“).
We make our Content and the Service available to you in different ways. It is free to access or download our mobile application or visit the MelodyVR Site. We may sometimes make a limited amount of Content available to all users free of charge and without an account. You are also able to make ‘a la carte’ purchases of specific items of Content (each a “Purchase“). We also offer users different subscription options to access Content, dependent on the type of subscription level selected (a “Subscription“). You acknowledge that access to different types of Content is dependent upon the Purchases you make or the Subscriptions you sign-up for.
As a consumer, you have certain legal rights in relation to the Service we are providing. Nothing in these Terms will affect your legal rights and remedies provided to you under European Union or UK consumer law. You can find more information about the rights available to you here and here.
- ACCEPTANCE OF AND CHANGES TO THE TERMS
Please read these Terms carefully before you use the Service. These Terms tell you who we are, how we will provide the Service to you, how you and we may change or end the Terms, what to do if there is a problem, and other important information.
Use of the Service (including access to the Content) is subject to compliance with these Terms. By clicking to accept these Terms when creating an account, or by accessing or using any of the Service through any Access Point (including by visiting the MelodyVR Site) without creating an account, you agree to be bound by these Terms. If you do not accept any part of these Terms, then you should not click to accept these Terms or access the Services through any Access Point.
We may, from time to time, change these Terms. If you do not have an account, such revisions will be effective immediately the next time you visit an Access Point. If you do have an account, we will notify you by email within a reasonable time before the change takes effect.
- YOUR PRIVACY
- ACCESS AND USE OF THE SERVICES
A. Age Limitations
In order to pay for a Purchase or Subscription, you will need to create an account. You must be 18 (eighteen) years of age or over to create an account, and you confirm that you are legally capable of entering into binding contracts. If you are under the age of 18 (eighteen), but at least 13 (thirteen) years of age, you should review these Terms with your parent or guardian, and may only use the Service under their supervision.
B. Account Information
When you create an account with us, you will need to provide us some information about yourself. You agree that, when registering to use the Service, you will provide true, current accurate and complete information as prompted by the registration form, and that you will maintain and update this information as necessary to keep it current, complete and accurate.
C. Limited Licence
Subject to these Terms, we are giving you personally the right to use the Service and access the Content corresponding to the Purchases you have made and Subscriptions you have signed-up for. The Service and any Content viewed through our Service are for your personal and non-commercial use only.
All Content made available through the Service belongs to MelodyVR and our licensors, and all intellectual property rights in the Service, Access Points, and Content are owned by MelodyVR and our licensors. To provide the Service, we grant you a limited, non-exclusive, non-transferable, licence to access the Service and view the Content through the Service, including accessing and viewing the Content on a streaming-only basis through the Access Points. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and whether you have access to the Content as a Purchase or through a Subscription. Except for the foregoing limited licence, no right, title or interest in the Service will be transferred to you. You agree not to use the Service for public performances.
When you make a Purchase or take out a Subscription to access Content, you are being granted the limited licence outlined above to receive streams of the applicable Content through the Access Points for the time period specified at the time of purchase or the duration of your Subscription, as applicable. If you made a Purchase, your access to that Content is independent of any Subscription you may have.
D. Compatible Devices
In order to access the Service, you will need to use a device that meets the system requirements that fully supports 360 Virtual Reality and compatibility requirements that we establish from time to time (a “Compatible Device“). Such device may be any device from the Oculus VR Headset range together with a compatible phone to view the content, or our own MelodyVR Viewer. Screen resolution may vary depending on the pixel resolution on the phone used to view the content. Features and functionalities that we make available through the Service may also differ by Compatible Device and the terms of your access. Although we are working to ensure that our Service is compatible across devices, we cannot guarantee that our Service will work with all devices. Please, therefore, check that your device is compatible with the Service.
E. The Content
i. Usage Rules and Limitations
You may only access and view the Content personally and for non-commercial purposes in compliance with these Terms. You may not, either directly or indirectly through the use of any device, software, internet site, web-based service, or other means:
i. remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trade mark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms;
ii. copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, rent, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your purchase or otherwise by MelodyVR in writing;
iii. enable others to access Content through your account;
iv. attempt to stream any Content made available to you through your account on multiple devices at the same time;
v. incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by MelodyVR in writing;
vi. create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by MelodyVR;
vii. build a business utilising the Content, whether or not for profit; or
viii. create derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by MelodyVR in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills.
ii. Internet Service, Data Usage, and Content Quality
In order to access the Service, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. MelodyVR uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution and sound quality, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. Availability of some of the Content may depend on your internet service and device capabilities. You are responsible for all internet access and data charges.
iii. Explicit Content
By using the Service, you may encounter Content that may be offensive, indecent or objectionable. Except to the extent that we are required to do so by law, such Content may or may not be identified as having explicit language or other attributes. Content types, genres, categories, and descriptions may be provided for convenience, and MelodyVR does not guarantee their accuracy.
iv. Availability of Content
The Content (except for Content that is made available as a live/near-live stream, as explained below) that you purchase access to will generally continue to be available to you for streaming from the Service for the period agreed at the time of purchase. Any Purchase of Content is distinct from a Subscription, and you will still have access to any Purchases regardless of whether you sign-up for or maintain a Subscription. You will only have access to Content made available to you through a Subscription for so long as you have an active Subscription. Content may become unavailable due to potential content provider licensing restrictions or for other reasons. We also reserve the right to make some of the Content available for a limited amount of time. We will do our best to let you know of any of these changes, usage rules of restrictions, where necessary.
v. Live Streams
In respect of Content that is made available as a live/near-live stream, you can only stream such Content in real time and you will not be able to access such Content after the stream is over. Some live/near-live stream Content may be available through a Subscription, while some may not be included and access will have to be purchased separately.
We may, at our sole discretion, make such live/near-live stream Content available at a later date for on-demand streaming. You may be able to access the Content on-demand through your existing Subscription, or you may need to make a separate Purchase or upgrade your Subscription in order to view it on-demand. You accept that if you commence your access to a live stream after it has commenced, you will not be able to watch such Content from the beginning of the stream.
F. Our Software
MelodyVR software is developed by, or for, MelodyVR and is designed to enable streaming and viewing of Content from MelodyVR through Compatible Devices. This software may vary by device and medium, and functionalities may also differ between devices. We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by a number of factors including, for example, network connection and internal network, as well as any interference or maintenance work. We, or a third party, shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.
G. Your use of the Service
You agree to, at all times, use the Service, including all features and functionalities associated with it, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or Content therein, and you will not:
i. impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Service or Content in whole or in part for any unlawful purposes;
ii. use virtual private networks, false email addresses or any other means to mask your identity;
iii. attempt to access the accounts of other users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
iv. circumvent, remove, alter, deactivate, degrade or thwart any of the Content protections in the Service;
v. alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services;
vi. use any robot, spider, scraper or other automated means to access, harvest or ‘scrape’ any data from the Service;
vii. upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
viii. upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
ix. do or omit to do anything which would bring us, the Service, our suppliers, licensors, distribution partners or other users into disrepute or in any way damage our or their reputation; or
x. interfere with another user’s use and enjoyment of the Service or the Content in any other manner that could damage, disable, over burden or impair the Service or the Content.
H. Account Restriction/Termination
We may suspend, restrict or terminate your account and your access to the Service if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
- SUBSCRIPTIONS AND PAYMENT
Your Subscription will be based on a monthly, semi-annual, annual or other designated period (a “Period“) unless and until you cancel your Subscription or we terminate it. All Subscriptions must be pre-paid with the amount due for the entire applicable Period. Our Payment Partners (defined below) will charge your Subscription fee to your Payment Method (defined below) on the first day of each new Period for an amount covering the entire Period.
We may offer a number of Subscription plans, including special promotional Subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Subscription by visiting your account settings. Some Subscriptions are offered by third parties in conjunction with the provision of their own products and services. If you have a Subscription as part of a third party bundle, these Terms will apply to your use of the Service. We are not responsible for the products and services provided by such third parties.
For the purposes of these Terms, our “Payment Partners” include any app store, partner website, partner entity or payment platform through whom you make and/or pay for a Purchase or buy a Subscription. Payment Partners include, but are not limited to the Apple App Store, the Google Play Store, Oculus VR, LLC and other third party partners as applicable.
When making a Purchase or buying a Subscription through a Payment Partner, the payment and cancellation terms and conditions of the Payment Partner will also apply.
Your payment for a Purchase or Subscription will be processed and managed by that Payment Partner. Although your contract for the Service is with us, our Payment Partners may send you an invoice for the Service, collect your payment and remit the payment to us less its commission. Our Payment Partners will also be responsible for remitting payment of VAT and any other applicable sales tax to the relevant local tax authorities. This does not affect the fact that your relationship for the provision of the Service is with us and that you should direct any query that you may have regarding the Service to us.
The price which you must pay for a Purchase or Subscription is displayed within the Access Point through which the Service and the Content are made available. In order to make a Purchase or buy a Subscription you may be required to provide a valid debit or credit card or other payment account that the Payment Partner accepts (“Payment Method“). In each case, you agree that our Payment Partners are authorised to charge you immediately and at time of the purchase. You also agree that you shall promptly notify our Payment Partners any change in your billing information.
i. Price Changes
We may adjust pricing for Purchases, Subscriptions, the Service or any components thereof. We will notify you 30 (thirty) days in advance of any price changes to your current Subscriptions, and you will be entitled to cancel your Subscription in accordance with the provisions set out below in section 6.
ii. Payment Methods
You may manage your Payment Method information with our Payment Partners. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and our Payment Partners are unable to process payment for your Purchase or Subscription, we or they will inform you of this and will not charge you. If your payment cannot be processed, you will not receive your Purchase or Subscription. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
iii. Recurring billing for Subscriptions
By starting your Subscription and designating a Payment Method, you authorise us to charge you, through our Payment Partners, a Subscription fee at the beginning of each Period at the current rate of the entire Period, and any other charges you may incur in connection with your use of the Services, such as taxes or possible transaction fees of which you have been notified to your Payment Method. We or our Payment Partners will inform you if the amount billed in a particular Period varies for reasons that may include differing amounts due to promotional offers, increased subscription fees or pricing, and/or changing or adding a plan before making such charge.
iv. Billing cycle
The Subscription fee for the Services will be billed at the beginning of the paying portion of your Subscription and at the beginning of each Period thereafter unless and until you cancel your Subscription. For all Subscriptions our Payment Partners will automatically bill your Payment Method at the beginning of each Period on the calendar day corresponding to the commencement of your Subscription. We reserve the right for our Payment Partners to change the timing of our billing if your Payment Method has not successfully settled. In the event your paying Subscription began on a day not contained in a given month, our Payment Partners may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. Your renewal date may change due to changes in your Subscription and/or the length of your Subscription Period. You can find this information in your account settings.
i. Your Statutory Right to Cancel
If you are a consumer resident in the European Union, then you may also have the right to cancel your contract with us in relation to a Purchase or Subscription without giving any reason, and ask for a refund within 14 (fourteen) days of purchasing such Content or Subscription.
If you validly cancel your Purchase or Subscription in accordance with this section, our Payment Partners will refund the price you paid for the Content (if any). We will ensure they make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Purchase or Subscription.
Our Payment Partners will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
These rights of withdrawal do not affect your legal rights.
ii. Your ability to cancel a Subscription at any time
You may cancel your Subscription at any time. To avoid billing of the next Period’s Subscription fees to your Payment Method, you must cancel your Subscription before it automatically renews at the end of each Period. You will have access to the Content made available to you pursuant to your Subscription until the end of the Period in which you have cancelled.
iii. Cancellation Due to Change to Terms
iv. How to cancel your Purchase or Subscription
To cancel your Purchase or Subscription, you must inform us and our Payment Partners of your decision to cancel. Please make sure that you include the details of your Purchase or Subscription so that we and they may identify it.
You can also exercise your statutory rights to cancellation by completing and submitting the Cancellation Form (which you may post or e-mail to us). If you use this method, we will e-mail you to confirm that we have received the cancellation.
- ACCOUNT ACCESS AND PASSWORDS
You are responsible for your own account, including making sure that your details are correct and kept up to date and for ensuring that your password is secure. If you think that your account is being used by anyone else, please contact us immediately at Hello@melodyvr.com . If we believe that your account has been compromised, we may suspend your account and we will contact you to try and resolve the problem.
- USE OF INFORMATION SUBMITTED
MelodyVR is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback“), including responses to questionnaires or through postings to the Service, including the MelodyVR Site and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service. In addition, you agree to waive any “moral rights” in and to the Feedback and Posts, to the extent permitted by applicable law.
- OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU
We do not exclude or limit our liability in any way where it would be unlawful to do so. Nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time we entered these Terms, both we and you knew it might happen.
Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties that may not be excluded or limited under applicable law.
If our provision of the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
Where we provide digital content (including Content) as part of the Service, then the following will apply for consumers resident in the European Union:
i. If the Content is faulty, you are entitled to request that it is repaired or replaced;
ii. If the fault cannot be fixed within a reasonable time, you may be entitled to receive a full or partial refund of any fees paid (if any); and
iii. If you can demonstrate that the fault has damaged your device and that we have not used reasonable skill and care, then you may be entitled to a repair or to compensation.
The Services may contain links to other independent apps, services or websites which are not provided by us. We assume no responsibility for the content of websites linked on the Service. Such links should not be interpreted as endorsement by us of those linked websites.
B. Health and Safety
By accessing our Service you acknowledge that the Content is intended to be viewed in virtual reality (“VR“) and 360 degree two-dimensional formats (“360“). VR and 360 Content is not suitable for everyone. If you have any concerns or doubts about your suitability to view the Content (for example, if you suffer from high blood pressure, motion sickness, epilepsy, inner ear infections or claustrophobia, eye strain, visual abnormalities, impaired balance, headaches or suffer from any other discomfort that may impair your experience of the Content, or are pregnant) please consult your doctor. By accessing the Content, you confirm that you do not suffer from any medical conditions which could make your experience of the Content dangerous, distressing or uncomfortable.
We may end our contract with you by notifying you via e-mail if you do not make a payment for a Purchase or Subscription within 5 (five) days of us notifying you payment is due or you breach a material term of these Terms. If we end your rights to use the Services and Content because you have broken these Terms, you must stop all activities authorised by these Terms, including your use of the Services and the Content.
You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the Service or Content in breach of these Terms or from your violation of any applicable law or regulation.
- NO RIGHTS FOR THIRD PARTIES
Except as set out in this section, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any Term.
To the extent permitted by law, our Content licensors are entitled to enforce these Terms against you.
- WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Support for the app and how to tell us about problems
If you want to learn more about the Service or have any problems using it please take a look at our support resources here.
If you have any questions, queries or complaints or need help using the Service, then you can e-mail us at email@example.com.
In addition, if you are a consumer, you have a statutory right to refer disputes that may occur to the EU Online Dispute Resolution (ODR) platform available here.