Play.Me –SUBSCRIPTION AGREEMENT
TYPES OF MEMBERSHIP SERVICES GENERALLY; FREE PASS USERS. There are three (3) classes of membership services, each of which is further defined in this section as well as in the “Current Offers” section, below. “Free Pass Users” are entitled to listen to 5 songs of ad supported online streaming every 6 hours each day through our website as well as limited access to our mobile streaming services through the Play.me Mobile Application. Free Pass Users may delete their account any time.
SUBSCRIPTION SERVICES; TRIAL PERIOD. Subscribers of the Subscription Services (“Subscribers”) may be entitled to unlimited online music streaming per month through our website, as well as either limited or unlimited access to mobile streaming services through the Play.me Mobile Application. In addition to the online and mobile streaming services, a certain number of Bonus Downloads may be allotted to Subscribers upon initial registration. Further information and details can be found in the “Current Offers” section, below.
Subscribers may be eligible for a free trial period before incurring the applicable charges for the first month of service, as further detailed in the “Current Offers” section, below. Subscribers will be asked to provide credit card and billing information before they may proceed with any free trial period. Any applicable free trial period may be cancelled at any time before its expiration. During the free trial period, Subscribers will have full access to the Bonus Downloads available under the applicable Subscription Service.
If a Subscriber is eligible for a free trial period, no charges will be billed to the Subscriber until the close of that trial period. At that time, the Subscriber will be charged automatically for the first month of service according to the applicable price terms (the “Subscription Fee”). Each month after that, the applicable Subscription Fee will be charged automatically, and any remaining Download Credits will carry over.
Free Pass Users wishing to upgrade to one of the Subscription Services or Web Only Subscribers wishing to upgrade to an All Access subscription may not be entitled to a free trial period; the applicable charges will be billed immediately to the credit card account provided.
DOWNLOADS. No additional Bonus Downloads will be added to a Subscriber’s account unless they choose to upgrade from a Web Only Subscription to an All Access Subscription or purchase additional Bonus Downloads as may be made available. Any additional Bonus Downloads purchased will be available on an “a-la-carte” or non-subscription basis. Free Pass Users may not be eligible to purchase additional Bonus Downloads that may be made available on an “a-la-carte” or non-subscription basis for Subscription Services.
If you are a Subscriber, you must pay the Subscription Fee to maintain your subscription in good standing, regardless of whether you actually download your available Bonus Downloads or use the streaming services. Unused Bonus Downloads will carry over from month to month, but any unused Bonus Downloads will expire if you choose to cancel your service.
You may only download Bonus Downloads from the Play.me website and you may do so to any computer and transfer them to any device capable of playing MP3 files. We may offer Bonus Downloads at no additional charge, as part of a promotion, for certain categories of Subscribers or for any reason we choose, but you understand and agree that since these are added as a bonus solely in our discretion, we have the right to discontinue, withdraw or change this bonus feature at any time without notice.
FEES AND PAYMENT; NO REFUNDS. Subscription Fees are charged to your credit card/PayPal account and you agree to pay your credit card company and fund your PayPal account for billed Subscription Fees. If your credit card company or PayPal account declines payment of your Subscription Fees for any reason, any remaining unused Credits will remain in your account and a new billing attempt will be made within three (3) days. After three failed billing attempts your account will be suspended until you provide new billing parameters (e.g., provide a different credit card or PayPal account) in order to return your account to good standing and continue your Subscription benefits. Prepaid credit cards may not be used as payment. If you do attempt to use a prepaid credit card as payment your account will be suspended and blacklisted. In order to return your account to good standing you must call Play.me at 866-244-5703 and request to be removed from the blacklist. Removal will be contingent upon providing Play.me with a valid credit card or PayPal account.
If you are given a period of time to use all or any portion of our Subscription Services without charge before your first Subscription Fee becomes due, you have the right to notify our customer service representatives by phone at 866-244-5703 or by email at firstname.lastname@example.org that you wish to cancel, but in order to avoid paying the first periodic subscription fee, you must do so at least twenty-four (24) hours before the “no-charge” period ends. If you give us less than 24 hours notice, we may still be able to cancel your subscription, but if we cannot you will be responsible for the first 30 day subscription fee in full, without a right to any refund.
If you wish to terminate any subscription completely, you may do so effective at the end of any 30 day period by giving us at least ten (10) days advance notice. You will remain responsible for all fees and charges you incur or which otherwise become due as a result of your subscription before the effective date of termination. Subscribers may cancel their subscription at any time. Upon cancellation the Subscriber Credits will remain active through the duration of the remaining subscription period. At the end of the subscription period any unused Subscriber, Bonus, or Extra Credits will be forfeited. At the end of the subscription period the unlimited streaming ability will cease.
You may terminate your subscription by either calling our customer service representatives at 866-244-5703 or you can send us an e-mail at email@example.com which clearly states your decision to terminate a subscription. Please be specific since we cannot and will not terminate any subscription if your communication is not clear as to what you are instructing us to do.
CURRENT OFFER INFORMATION (FROM NOVEMBER 29, 2010)
FREE PASS MEMBERSHIP: You will have to provide a valid email address in order to activate your account. You are entitled to 5 songs of ad supported streaming online every 6 hours each day at standard sound quality, which will expire daily if not used. Streaming time does not accumulate. You may upgrade to a Web Only or All Access Subscription membership at any time.
WEB ONLY SUBSCRIPTION MEMBERSHIP: You will have to provide valid credit card information as well as a valid email address in order to activate your account. You will be eligible for a seven (7) day free trial period. After the expiration of the trial period, you will be charged $4.99 for the first month, and then automatically charged for each month until and unless you terminate your account according the applicable terms and conditions.
You will be entitled to unlimited, ad free high quality streaming (up to 320 kbps) through the Play.me website and either five (5) hours or one week of full track on-demand mobile streaming though the Play.me Mobile Application. You will also be entitled to five (5) MP3 Bonus Downloads when you sign up, which will roll over from month to month. Unused Bonus Downloads will not expire unless you terminate your account. You may upgrade to an All Access Subscription membership at any time.
ALL ACCESS SUBSCRIPTION MEMBERSHIP: You will have to provide valid credit card information as well as a valid email address in order to activate your account. You will be eligible for a seven (7) day free trial period. After the expiration of the trial period, you will be charged $9.99 for the first month, and then automatically charged for each month until and unless you terminate your account according the applicable terms and conditions.
You will be entitled to unlimited, ad free high quality streaming (up to 320 kbps) through the Play.me website as well as unlimited full track on-demand mobile streaming though the Play.me Mobile Application. You will also be entitled to twenty (20) MP3 Bonus Downloads when you sign up, which will roll over from month to month. Unused Bonus Downloads will not expire unless you terminate your account.
LEGACY SUBSCRIPTION INFORMATION (December 1, 2009 – Feburary 14, 2010)
All Access Monthly Subscription - OUR CREDIT CARD/PAYPAL SUBSCRIPTION SERVICES INCUR A CHARGE OF $9.99 EACH MONTH (the “Subscription Fee”) at that time five (5) MP3 file digital credits (“Sub Credits”) will be added to your account and the unlimited music streaming will be activated for your account. Thereafter, your account will automatically be charged each month and at that time your account will be credited with five (5) Sub Credits.
All Access 7-Day Trial – OUR CREDIT CARD/PAYPAL SUBSCRIPTION SERVICES FOR NEW MEMBERS (NOT FREE PASS UPGRADES) RECEIVE A 7-DAY NO CHARGE FREE TRIAL. You will have to provide a Valid Credit Card Number or Paypal Account Authorization as well as a valid email address in order to initiate the Free Trial as a New Member. A hold will be placed on the funds in the amount of the subscription package you are choosing. Your Credit Card/ Paypal Account has NOT be charged this amount, this is only a hold on the funds to ensure your Subscription can be validated at the end of the Trial Period. You may cancel anytime during the trial period and the hold on the funds will be released, however, upon cancellation during the trial period, any unused credits will be forfeited and your unlimited streaming will be deactivated for your account. If you do not Cancel during the Trial Period your Credit Card/ Paypal Account will be charged the full amount of the Subscription and MP3 file digital credits (“Sub Credits”) will be added to your Play.me account and the unlimited music streaming will be activated for your Play.me account.
Free Pass Members - NON-ALL ACCESS PASS / NON-CREDIT CARD/PAYPAL SUBSCRIPTION SERVICES MEMBERS CREATING A NEW ACCOUNT MAY BE GRANTED FREE PASS STATUS. You will have to provide a valid email address in order to activate your account. You will be granted limited hours of ad supported streaming each day, which will expire daily if not used. Streaming time does not accumulate. You may upgrade to an All Access Membership at any time.
For all Play.me accounts Bonus Credits, Trial Credits and Free Pass Credits are subject to change at any time and at Playme.com’s sole discretion.