- You must be at least 13 years old to open a Pandora account.
- Pandora can only be used in the United States, New Zealand, Australia and those countries' respective territories.
- You are solely responsible for protecting your own account password and other account information.
- Unless you have an active DMX Pandora for Business account, Pandora is for personal use only. That means you can't play Pandora for the patrons in your bar, coffee shop, etc.
- You can't use Pandora to steal music or other content, and you have to listen to it through pandora.com or on a device officially supported by Pandora.
PANDORA MEDIA, INC.
(EFFECTIVE AS OF MARCH 1, 2013)
PLEASE READ CAREFULLY
1. We May Modify These Terms From Time To Time.
2. Where Can I Find Help?
If you have any questions concerning this Agreement or need technical support, you can contact Pandora support by visiting http://help.pandora.com or emailing email@example.com.
3. Who May Use The Pandora Service?
In order to use the Pandora Service, you must be a resident of a country in which Pandora is legally authorized to operate the Pandora Services and be at least 13 years of age. You represent that (i) you are at least 13 years old, (ii) you have read, understood, and agree to be bound by this Agreement. If you are not at least 13 years old, or you do not agree to all the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access or use the Pandora Service.
Notwithstanding any descriptions or representations on the Pandora Service, not all the features of the Pandora Service may be available in your country. You are also responsible for providing the Internet service, cable modem, mobile cellular service and any other hardware and software necessary to use the Pandora Service.
4. What Information Do I Need To Submit To Use The Pandora Service?
a. Pandora uses your Registration Data and information about your device to provide the Service to You, including serving you advertising based on your gender, age and zip code. In order to do this, Pandora may need to provide your Registration Data or other data to its third party vendors and service providers. However, these trusted partners operate under agreements with Pandora that carefully limit and restrict their use of your data. Pandora does not share your email address or personally identifiable information with third parties for their own independent marketing purposes unless we receive your permission.
b. Pandora uses and may share data about the device you use to access the Pandora Service, including information about the type of device you use, the IP address, the MAC address and other device type identifiers such as IDFA, in order to provide the Service, to serve you relevant advertising, to improve the Service and to measure the effectiveness of advertising we provide to you.
c. Pandora may cooperate with and disclose information (including your Registration Data) to a law enforcement authority, government official or third party in response to a subpoena or court order, without giving any notice to you.
d. Pandora does not ask for, access or track any location based information from your mobile device at any time when using the Pandora Service from a mobile device.
e. If your Profile is set to “public,” the information you post on your Pandora Profile Page, such as favorite tracks, bookmarks, stations, comments or other biographical information, will be available to the public. You may make your Profile private by adjusting your account settings at any time.
6. Pandora's Use Of Your Email Address and Mobile Phone Number.
You agree that Pandora may use your email address to send you service-related notices, including notices required by law, in lieu of postal mail. You may not opt out of service-related e-mails. We may also use your email address and mobile telephone number to send you informational emails and mobile text messages about Pandora and special offers. You may opt out of informational email by changing your account settings or by sending an email to Listener Support. You may opt out of informational mobile text messages by sending an email to Listener Support. You may also opt out of informational email and mobile text messages by sending a request by mail to the following postal address:
Pandora Media, Inc.
2101 Webster Street
Oakland, CA 94612
7. You Are Responsible For Maintaining Your Account.
You have responsibility for maintaining the confidentiality and security of your account. You agree that you will not allow others to use or access your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Pandora will not be responsible for any losses arising out of the unauthorized use of your Registration Data or account.
8. Security And Use Of Credit Card Information.
Pandora uses Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. Credit card numbers are used only for processing payments and are not used for other purposes.
Pandora may also use technology to protect the Pandora Service from unauthorized or excessive use. Your use of the Pandora Service may be limited by such technology. Additionally, Pandora reserves the right to institute additional charges for use of the Pandora Service in excess of a certain amount, in Pandora’s sole discretion. In such cases, Pandora will notify you of the fees involved and you will not be charged without your consent.
IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY OF THE PANDORA SERVICE, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
9. Your License To Use The Pandora Service.
Subject to the terms and conditions of this Agreement, and your payment of any required fees, Pandora grants to you a limited, non-exclusive, non-transferable license to access and use the Pandora Services in legally authorized jurisdictions for personal non-commercial purposes only, except as expressly permitted in Section 10 below. Pandora reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
ANY USE OF THE PANDORA SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
You agree that you will not:
(i) use the Pandora Service to download or reproduce copyrighted materials;
(ii) copy, store, edit, change, prepare any derivative work of, or alter in any way any of the tracks streamed through the Pandora Services;
(iii) make the Pandora Service available over a network (other than Pandora's network) where it could be used by others;
(iv) translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Pandora Service, a Pandora application or any portion thereof except as expressly allowed under applicable law;
(v) circumvent any technology used by Pandora or its licensors to protect content accessible via the Pandora Service;
(vi) rent, lease or sublicense any of the Pandora Service;
(vii) provide your password to any other person; or
(viii) use the Pandora Service in any way that violates the terms of this Agreement.
10. Can I Use Pandora For My Business?
Use of Pandora for your business requires a special license to a separate service which is provided by our partner DMX, Inc. You may only use the Pandora Service in the United States for business use if you have met all of the following conditions:
(b) You must maintain active accounts with Pandora and DMX, and be current on all required payments. DMX's Pandora for business is a paid service.
Your right to use the Pandora for business service may be terminated by either DMX or Pandora if you fail to comply with any applicable DMX Terms or this Agreement. In the event of a conflict between this Agreement and the DMX Terms, the DMX Terms shall control solely with respect to the use of the Pandora Service for business. ANY BUSINESS USE OF THE PANDORA SERVICES NOT SPECIFICALLY PERMITTED IN THIS SECTION IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR RIGHT TO USE THE PANDORA SERVICES.
11. How Do I Filter Music With Explicit Content?
Pandora provides an explicit content feature that, when enabled, will filter out explicit content on your Pandora stations. You can enable this feature from your computer in the account area of Pandora.com. The explicit filter setting is applied to your account on Pandora.com as well as all Pandora-enabled devices associated with that account, including mobile phones, internet connected Blu-ray players and table top radios. You can also find out more about this explicit content feature by visiting http://help.pandora.com.
12. Pandora May Change, Update Or Terminate Your Use Of The Pandora Service.
From time to time, Pandora may make changes or updates to the Pandora Service, either at no cost or subject to additional fees, in Pandora's sole discretion. Such changes or updates may include additional functionality or conversely, new limitations on your use of the Pandora Service. In certain circumstances, such as in the case of a security problem, Pandora may require you to install an update in order to continue using the Pandora Service. Notwithstanding anything else contained in this Agreement, Pandora will have no obligation to continue making the Pandora Service available or producing or releasing new versions of the Pandora Service or any updates thereto, or to continue making any portion of the Pandora Service free of charge. Pandora may also terminate your use of and access to the Pandora Service at any time, with or without notice to you.
13. Pandora Retains All Intellectual Property Rights In The Pandora Service.
As between you and Pandora, you acknowledge that Pandora retains all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents and any other proprietary rights in the Pandora Service, the software and APIs comprising the Pandora Service, and all content therein. Pandora, and its design logo, Music Genome Project, as well as certain other Pandora trademarks, service marks, graphics, and logos, are the registered trademarks or trademarks of Pandora. The Pandora Service contains third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Pandora Trademarks or the trademarks of any third party.
The Pandora Service is owned or licensed by Pandora and is protected by the copyright laws of the United States and other countries in which the Pandora Service is made available. You cannot sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. Music is licensed in Australasia by PPNZ Music Licensing, http://www.ppnz.co.nz.
14. Payment For Services.
If you elect to access any paid component of the Pandora Service, such as becoming a subscriber of the Pandora One Service, you agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You agree to maintain valid credit card information in your account information.
15. Legal Disclaimers.
EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS, SUCH AS THE AUSTRALIAN CONSUMER LAW SET OUT IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH):
(a) THE PANDORA SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE PANDORA SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PANDORA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PANDORA MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE PANDORA SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PANDORA DISCLAIMS ANY LIABILITY RELATING THERETO.
(b) PANDORA MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE PANDORA SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, PANDORA MAY MODIFY, SUSPEND, OR DISCONTINUE THE PANDORA SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER PANDORA ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE PANDORA SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
(c) YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT, INCLUDING THIRD PARTY ADVERTISEMENTS, WHEN USING THE PANDORA SERVICES. PANDORA WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
(d) SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE PANDORA SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT PANDORA ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
16. Limitations of Liability.
EXCEPT FOR ANY APPLICABLE LIABILITIES OR REMEDIES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS, SUCH AS THE AUSTRALIAN CONSUMER LAW SET OUT IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH):
(a) IN NO EVENT WILL PANDORA BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF PANDORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PANDORA OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
(b) PANDORA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE PANDORA SERVICES AT ISSUE.
17. You Agree To Indemnify Pandora Under Certain Circumstances.
You will indemnify and hold Pandora, its directors, officers, employees, agents and licensors harmless with respect to any suits or claims arising out of (i) your breach of this Agreement, including but not limited to, any infringement by you of the intellectual property of any third party; or (ii) any third party claims arising out of your use or misuse of the Pandora Services.
18. Dispute Resolution.
(a) Applicability. For any Dispute (excluding claims for injunctive or other equitable relief or any claim or dispute related to the enforcement or validity or either party’s intellectual property rights) where the total amount of the award sought is less than $10,000, the parties shall resolve the Dispute in a cost effective manner through binding non-appearance-based arbitration. The parties shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction; and (iv) the decision of the arbitrator will be final except for a limited right of appeal under the Federal Arbitration Act. Any Dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action
(b) Notice. In the event of a Dispute, you or Pandora must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail or overnight courier to Pandora Media, Inc., Attn: General Counsel, 2101 Webster St., Ste 1650, Oakland, CA 94612.
Pandora will send any Notice of Dispute to you by U.S. Mail or overnight courier to your address if we have it, or otherwise to your email address. The parties will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or Pandora may commence arbitration.
(c) Class Action Waiver. Neither you nor Pandora will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
(d) Severability. If the class action waiver set forth herein, or any other provision of this Section 18, is found to be illegal or unenforceable as to all or some aspects of a dispute, then that section will not apply to those aspects. Instead, those aspects will be severed and proceed in a court of law, with the remaining aspects proceeding in arbitration, and the remainder of this Section 18 will remain in full force and effect.
19. Governing Law.
This Agreement will be governed by the laws of the State of California, without regard to conflicts of laws provisions thereof. Except as set forth herein, or expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with Pandora or relating in any way to your use of the Pandora Services will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Alameda, California.
20. Term and Termination.
This Agreement will remain effective until terminated by either party, provided that Sections 13, and 15 through and including 22 will survive any expiration or termination and continue in effect.
21. General Information.
(a) Pandora and its business partners may present advertisements or promotional materials via the Pandora Service. Your dealings with, or participation in promotions of any third-party advertisers via the Pandora Service are solely between you and such third party, and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Pandora is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Pandora Services.
(b) The Pandora Services may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
(c) Pandora may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by Pandora in its sole discretion. Pandora reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.
22. You Acknowledge That You Agree To All The Terms Of This Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.