Pandora for Business Terms of Service
EEffective as of January 1, 2016
Pandora provides this Pandora for Business service (the "P4B Service") to you subject to the terms contained in this Pandora Plus for Business Terms of Service (these "P4B Terms"). Read these P4B Terms carefully before using the P4B Service. By purchasing a Subscription, accessing, or otherwise using any portion of the P4B Service, you agree to be bound by these P4B Terms, which contains liability limitations and an arbitration agreement. If you are not willing to be bound by these P4B Terms, you should not purchase a Subscription, and you may not access or otherwise use any portion of the P4B Service.
These P4B Terms (and the other documents referenced below) constitute a legal agreement between you, as a corporation, business, or other legal entity ("you" or "your") and the Pandora entity issuing such services, as set forth in the section titled "Subscription Issuer" below for your applicable territory. In addition to these P4B Terms, the Pandora Services Terms of Use and the Pandora Privacy Policy (the "Pandora Agreement"), which you agreed to when you registered for the Pandora Internet radio service (the "Pandora Service"), also apply to your use of the P4B Service and are incorporated by this reference as part of these P4B Terms.
1. Business Establishment.
The P4B Service may only be used as a single stream in a single business location owned or operated by you (a "Business Establishment"). You shall not use the P4B Service in any ballrooms, dance clubs, nightclubs, dance studios, bowling centers, theme parks, skating rinks, instructed health club classes, or in any other location where an admission fee or cover charge is assessed. Further, you shall not use the P4B Service for karaoke or accompanied by musicians, singers, dancers, or other entertainment actually present and performing in your Business Establishment. You expressly agree not to use the P4B Service in any location or in any premise other than your Business Establishment.
2. Your License to Use the P4B Service.
Subject to your compliance with these P4B Terms and your payment of the required Subscription Fee and Applicable Taxes, Pandora hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the P4B Services in the Territory, and otherwise view and use the P4B Service to the extent permitted by its intended functionality in your Business Establishment, and not for the sublicense to or use by third parties.
3. Pandora Agreement.
The Pandora Agreement is part of these P4B Terms and the P4B Service is part of the "Services" for all purposes thereof. Accordingly, all terms, conditions, and restrictions contained in the Pandora Agreement apply to your use of the P4B Service, unless expressly provided otherwise in these P4B Terms specific to the P4B Service. In the event of any conflict between these P4B Terms and the Pandora Agreement, these P4B Terms will govern. The Pandora Agreement is between you and the applicable Pandora Entity set forth therein, however these P4B Terms are entered into between you and the Subscription Issuer for the applicable territory described below. The Pandora Entity is a third party beneficiary to these P4B Terms.
4. Territory.
Use of the P4B Service is limited to the United States of America and its territories (the "Territory"). You agree not to use the P4B Service outside of your Business Establishment in the Territory.
5. Subscription and Renewal.
The P4B Service is a paid service. Access to the P4B Service is available as a subscription ("Subscription") for a fee (the "Subscription Fee") for the period of time (e.g., monthly or annually) you have elected (the "Subscription Period"). The Subscription Fee is exclusive of any applicable federal, state, telecommunications, excise, or municipal taxes or duties, including VAT and GST (collectively, "Applicable Taxes").
Your Subscription Period commences on the date we make the P4B Service available to you following your Subscription election and remittance of the Subscription Fee and Applicable Taxes, if any amounts are due, and continues until the end of the applicable Subscription Period you elected. At the end of your then-current Subscription Period, Pandora will automatically renew your Subscription for an additional Subscription Period by charging the Subscription Fee plus any Applicable Taxes to the payment method you provided. Unless you affirmatively opt-out of automatic renewal prior to the end of the then-current Subscription Period, you are authorizing Pandora to renew your Subscription automatically at the end of each Subscription Period for an additional Subscription Period.
If you opt-out of automatic renewal, your Subscription will terminate at the end of the then-current Subscription Period and your access to the P4B Service will cease upon termination. In order to continue to access the P4B Service after your Subscription has terminated, you will need to purchase a new Subscription manually for an additional Subscription Period.
It is your responsibility to maintain accurate and up-to-date payment information. Pandora assumes no responsibility or liability if your Subscription fails to renew or otherwise terminates because of outdated or incorrect payment information.6. Subscription Cancellation and Refunds.
You may cancel your Subscription at any time by following these instructions in our Help Center, or the instructions included in your Subscription purchase or renewal confirmation. You may also contact Listener Support with a request to cancel your Subscription. If you cancel your Subscription during your current Subscription Period, your access to the P4B Service will continue until the end of your then-current Subscription Period, at which point it will expire. Purchase of your Subscription is final and non-refundable; Pandora will not issue you any refund, including partial, pro-rated, or otherwise.
7. Changes to Subscription Fees and Subscription Periods.
Pandora may change the amount of the Subscription Fee upon thirty (30) days prior notice to you. Such changes will go into effect upon the next applicable renewal Subscription Period unless otherwise stated in the notice.
Additionally, Pandora may, in its discretion, cease to offer certain types of Subscription Periods (e.g., monthly, annual, etc.). In the event Pandora ceases offering a certain Subscription Period you have previously elected, Pandora may migrate you to another available Subscription Period and charge you the associated Subscription Fee and Applicable Taxes after providing thirty (30) days prior notice. Unless you elect to cancel your Subscription after receipt of such notice, such migration will take effect upon the expiration of your then-current Subscription Period.
8. Term and Termination.
These P4B Terms commence on the date you first purchase a Subscription and remain in effect for the duration of your Subscription Period, including any additional Subscription Periods thereafter. Either party may terminate these P4B Terms at any time and for any reason. Terminating these P4B Terms will result in cancellation of your Subscription. Additionally, termination of the Pandora Agreement will also terminate these P4B Terms and your Subscription, if any. As stated above, no refunds are issued for Subscription cancellations. If you no longer maintain a Subscription (e.g., if you disable auto-renewal or cancel your Subscription, if you fail to pay the Subscription Fee and Applicable Taxes when due, etc.) and/or either party terminates these P4B Terms, then you are no longer licensed to use the P4B Service.
You may terminate these P4B Terms by contacting Listener Support. You may cancel your Subscription as more fully described in the "Subscription Cancellation and Refunds" section above.
9. Equipment, Charges, and Other Fees.
In addition to the charges for transmission of data through your carrier or service provider's network as described in section 15 of the Pandora Services Terms of Use, in order to use the P4B Service, you are required to provide your own equipment, such as a computer, tablet, mobile phone, or other consumer electronic device. Use of this equipment may involve transmission of data through your carrier or service provider's network. You are responsible for all costs associated with procuring this equipment, in addition to any charges or other fees you may incur from your carrier or service provider in connection with your use of the P4B Service. Pandora assumes no liability or responsibility for the payment of any costs, charges, or fees you may incur.
10. Advertising.
Except in the few limited circumstances set forth in this paragraph and notwithstanding section 13 of the Pandora Services Terms of Use, Pandora provides the P4B Service to you free of any third party advertising. Certain content on the P4B Service may contain incidental third party advertising or references to third party advertisers. If you receive the P4B Service courtesy of an advertiser-sponsored trial, then advertising related to that sponsoring advertiser may appear in the P4B Service. Pandora may also market and/or advertise itself, the P4B Service, and its own products or services through the P4B Service.
11. Representations and Warranties.
In addition to your representations and warranties set forth in the Pandora Agreement, you represent, warrant, and covenant that (a) you, on behalf of your corporation, business or other legal entity, are at least the Minimum Age; (b) you have all the rights and authority necessary to bind such entity to these P4B Terms; (c) such entity is a corporation or other legal entity formed and operating in good standing pursuant to the laws of the state or country under which it was formed; and (d) you will only operate the P4B Service licensed to you herein in a single Business Establishment in the Territory.
12. Indemnification.
In addition to your indemnity obligations set forth in the Pandora Agreement, you agree to defend (at Pandora's option), indemnify and hold us harmless from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of these P4B Terms, including your representations and warranties; or (b) your use or misuse of the P4B Service.
13. Subscription Issuer.
The issuer of P4B Service Subscriptions in the Territory is Pandora Media California, LLC, a subsidiary of Pandora Media, Inc.
14. Entire Agreement.
These P4B Terms constitute the complete and exclusive agreement between you and Pandora with respect to the subject matter hereof, and supersede all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements by or between you and Pandora concerning such subject matter.