Terms of Service
Effective as of 1 May 2021
- EXPRESSLY ACCEPTING THESE TERMS OF SERVICE AT ANY TIME, FOR EXAMPLE UPON CLICKING “AGREED”, "SET UP", "PROCEED" OR ANY OTHER CLEARLY INDICATED EQUIVALENT ACTIVATION PHRASE;
- DOWNLOADING THE HYMN MOBILE APPLICATION OR AN UPGRADE TO THE MOBILE APPLICATION OFFERED FROM TIME TO TIME; OR
- ACCESSING THE WEBSITE LOCATED AT WWW.HYMN.COM.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, DO NOT DOWNLOAD OR OTHERWISE USE THE APPLICATION OR WEBSITE.
HYMN RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE IN THE APPLICATION OR ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY MODIFICATIONS, WHICH SHALL BE EFFECTIVE UPON FIRST POSTING OR NOTIFICATION. YOUR USE OF THE APPLICATION OR WEBSITE FOLLOWING SUCH POSTING OR NOTIFICATION CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS AS MODIFIED. YOU AGREE TO REVIEW THIS AGREEMENT REGULARLY.
Service and Application. The HYMN service, mobile application (“Application”) and the website located at www.hymn.com (“Website”; the Website and Application shall be referred to herein as “Service”) allow their users to access custom video content, and are accessible via various digital media devices, such as, but not limited to, personal computers, mobile phones, tablets and other handheld devices (collectively, "Devices"). The service is primarily a pay-per-view based internet service that entitles End-Users to access live and on-demand music content (the “Content”). As part of the Services, HYMN will make some Content available for free, some Content available on a pay-per-view basis (“Ticketed Event”) and some Content available on a subscription basis (the “Membership”). HYMN reserves the right to modify, suspend or discontinue the Service at any time with or without notice, including adding, changing or removing any features or functionality of the Service.
Access to some parts of, or all of, the Service may be restricted in certain countries and HYMN does not make any promises or assurances that the Service will be available at all times in your country or that all Content contained within the Service is appropriate for viewing in your country.
2. Download; Website; Fees.
a. Registration Information. By downloading the Application or otherwise using or accessing the Service, you represent and warrant that you are at least eighteen (18) years of age. You shall provide true, accurate, current and complete information about yourself, or, if you are registering on behalf of a minor, about such minor, as prompted by the registration form. You shall keep your account information secure and shall notify HYMN immediately of any breach of security or unauthorised use of your account. HYMN will not be liable for losses caused by any unauthorised use of your account. If you register on behalf of a minor, you certify to HYMN that you are such a minor's legal guardian; as used herein, “End-User” and “you” shall refer to you and such minor.
b. Third Party Software. Your access to or use of the Service may require using third party software, which is subject to such third party’s licensing terms. You acknowledge and agree that, in order to continue accessing the Service, you may be required to automatically receive and download periodically updated Services and related third party software, and accept the relevant licensing terms. Our Service may also include links to third party websites, resources and materials provided by third parties. These links are provided for information only and we have no control over the contents of those websites, resources and materials. We do not approve or endorse any third party websites, resources or materials linked on our Service.
c. Website Restrictions. You agree not to use or launch any automated system, including, without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to HYMN’s servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any information, including account names and performance data, from the Website, nor to use the communication systems provided by the Website for any unauthorised commercial solicitation purposes.
3. Use of the Service.
a. The availability of the Content on the Service, including Ticketed Events, may be affected by a variety of factors, including event delays or cancellations, technical problems or network delays, programme rescheduling, or other reasons. You agree that we are not obligated to provide you with any specific Content under this Agreement and so if your access to a Ticketed Event is significantly disrupted or suspended, or the Service is or will be temporarily unavailable (other than due to any act or omission of you and / or your network provider) HYMN may, at its sole discretion, offer, for example, a full or partial refund of the relevant Ticketed Event price.
b. In order to access and use some parts of our Service, you may need to create an account (“Account”). You must be a human to set up an Account and use our Service. As part of the registration process, you may be required to provide certain information including, without limitation, your name, address, telephone number, email address, Payment Method (defined below), invoice address and other information which HYMN may reasonably require. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. You must immediately update the information in your Account or (where you are unable to do so) notify HYMN in writing of any changes to any of the information in your Account. We reserve the right to suspend or terminate your Account if you provide inaccurate, false or misleading information to us when setting up your Account.
c. You must keep your Account details and password private and must not disclose them to any third party. You must notify us if your password is lost, stolen, or disclosed to an unauthorised third party, or otherwise may have been compromised. We encourage you to regularly change your password to help ensure your Account’s security.
d. HYMN may, at its sole discretion, refuse to accept, or to otherwise reject, an application for an Account or the purchase or attempted purchase of a Ticketed Event or Membership, without obligation to provide reason(s) for this refusal or rejection.
e. Your Account is intended for your sole, personal use only and you will not provide access to your Account to any third parties. You must not simultaneously log into your Account from more than one (1) device at any given time. However, you may access the Service (or any part thereof) from a maximum of three (3) registered devices, and you can change or replace any registered device with another device by logging into your Account and updating your settings.
4. Permitted Use of Content and Grant of Rights.
a. Permitted Use. You may only access and use the Service (or any part thereof) for your private, personal and domestic use. Content received through the Service may be viewed, used and played for your personal, non-commercial use only. You agree not to modify, reproduce, retransmit, transfer, distribute, disseminate, assign, sublicense, sell, broadcast, perform, create derivative works from, make available to third parties or circulate the Content to anyone or to exploit any such Content for commercial or non-commercial purposes without the express prior written consent of HYMN. You further agree not to make use of the Content in a manner that would infringe the copyright therein. This means that you must not exhibit, display or otherwise facilitate access to the Service (or any part of it) to the public including to groups of people in commercial premises or in connection with a business purpose (including, without limitation, in retail premises, cinemas, theatres, exhibitions, exhibition halls, hotels, bars, clubs, pubs, restaurants or other public places).
b. Granted Rights. Subject to the terms and conditions of this Agreement, HYMN hereby grants you a limited, nonexclusive, non transferable, non-assignable, non-sublicensable right to use the Application and Website solely for your personal purposes and solely for their intended purpose, as permitted by the usage rules set forth in the relevant Third Party Store’s Terms of Service.
c. Reserved Rights. The Service involves valuable proprietary rights of HYMN. No title to or ownership of the Application or Website or any proprietary rights associated therewith is transferred by this Agreement to you. All rights not expressly granted in this Agreement are reserved by HYMN.
d. Restrictions. You may not license, sublicense, sell, resell, rent, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application, the Website, or any portion or component thereof, or any rights granted in this Agreement, except as expressly permitted herein and subject to the terms set forth in this Agreement. The End-User may not reverse engineer, disassemble, or decompile the Application or otherwise attempt to discover the source code of the Application. You may not: (i) remove any copyright, trademark or other proprietary notices from the Service, or any component thereof; (ii) rent or lease the Application or permit access to or use of the Service by anyone other than the End-User; or (iii) create modifications to or derivative works of the Service or any component thereof.
5. Payment Terms.
a. In order to purchase access to a Ticketed Event or Membership, you will be required to provide a valid debit or credit card or other payment account that we accept (“Payment Method”) and you agree that we are authorised to charge you immediately and at the time of the purchase. You also agree that you will promptly notify us of any change in your billing information and update your Account accordingly.
b. By using a Payment Method to purchase any of Membership(s), Ticketed Events or other services / products offered for purchase through the Service, you authorise us to charge such Payment Method either or not on a periodic basis and in the amount as specified on the applicable Membership, Ticketed Event or other service / product purchase path. Once purchased, your Membership will automatically continue on a recurring monthly or yearly basis (or other period basis, as applicable) until you cancel your subscription, or we terminate it. If you do not want to continue to be charged on a recurring basis, you must cancel your Membership by logging into your Account. You must cancel your Membership before it renews for the next period in order to avoid being billed for the next applicable period.
c. You may manage your Payment Method information within your Account settings. If a payment is not successfully settled due to expiration of the Payment Method, insufficient funds or otherwise, you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges (such as credit card fees). Check with your Payment Method service provider for details.
d. Unless expressly stated otherwise, payments for Ticketed Events are one-off transactions charged at the time of your purchase.
e. Payments for each subsequent Ticketed Event will be charged to the Payment Method you provided when registering with the Service. Any local tax, including but not limited to VAT, might be applied to the purchase in accordance with the applicable law of the country where you reside.
f. In-App Purchases. HYMN may make certain products and / or services available to users of the Application (“In-App Purchases”). You may make In-App Purchases through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through the Apple App Store®, Google Play or other mobile or web application platforms or storefronts authorised by HYMN (each, a “Third Party Store”), (b) paying with your credit card, debit card, or other Payment Method, which will be processed by a third party processor, or (c) adding charges to your mobile carrier bill and remitting payment directly to your carrier. Once you have made an In-App Purchase, you authorise HYMN to charge your chosen Premium Payment Method. In the event of a conflict between a Third Party Store’s terms and conditions and this Agreement, the terms and conditions of the Third Party Store or service provider shall govern and control. If HYMN terminates your registration or Membership because of your breach of the Agreement, you will not be entitled to a refund of any unused portion of any fees, except to the extent required under applicable law. HYMN reserves the right to change its fees and access policies from time to time, at its sole discretion.
a. All copyrights, trademarks, trade names, logos, service marks and other intellectual property rights or property rights related to the Content contained in, or made available via, the Service are the property of HYMN, its affiliates and / or its licensors.
b. Users are not granted any licenses or rights to use trademarks, trade names, logos, service marks or other intellectual property rights included in or made available via the Service (or any part thereof).
c. All Content is provided “as is” and subject to availability. HYMN cannot and does not guarantee Content will always be available. You acknowledge that certain Content is provided by third parties and HYMN cannot guarantee that such Content will always be available. In certain circumstances, Content may only be available in some countries and / or only certain areas within those countries.
d. HYMN expressly excludes all warranties of any kind, express or implied, including, in particular, implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, to the fullest extent permitted by law in respect of any and all Content and the Service.
e. HYMN does not make any assurances or statements regarding the scheduling of Content (which may be changed without prior notification to you), accuracy, reliability or quality of Content, or that any defects in the Content will be repaired, or that the Service is or will be free from errors and disruptions, or available at all times.
f. Image quality of the Content may vary depending on the computer or device you use to access it and may depend on many factors, including, in particular, the bandwidth available and the speed of the Internet connection. To use the Services, you must use a capable device with an Internet connection that is fast enough with a minimum of 3 Megabit/sec and preferably at least 10 Megabit/sec.
7. Cancellation and Refunds.
a. You have the right to cancel your Membership without giving any reason, and ask for a refund within fourteen (14) days of purchasing said digital service. However, as explained below, this right is lost as soon as you stream content under the relevant Membership.
b. To exercise your Membership cancellation right, you must inform us of your decision to cancel your contract with us via an unequivocal statement by emailing us at email@example.com. Please make sure that you include the details of your purchase so that we can identify it.
c. If you validly cancelled your Membership, we will reimburse you the price you paid for the Membership to the Payment Method you used.
d. If a Ticketed Event is cancelled, we will automatically refund you the full price. If a Ticketed Event is postponed to a specific date, your ticket will automatically apply to said later date but you have the possibility to request a full refund.
e. Otherwise, on Ticketed Events HYMN has a no charge-back, no refund policy.
8. Obligations of End-User.
a. Systems. You are solely responsible for providing and maintaining, at your own expense, all Devices, equipment, facilities and services necessary to access and use the Application and Website, including, without limitation, computer hardware and software, modems, telephone service and Internet access.
b. Conduct. You agree to use the Service only for purposes that are permitted by this Agreement and any applicable laws, rules and regulations. You agree not to engage in any activity that interferes with or disrupts the Service (or the servers or networks connected to the Service).
c. Indemnity. You shall defend, indemnify, and hold HYMN, its affiliates, officers, employees and agents harmless from and against any third party claims, actions, proceedings, damages, costs, liabilities, losses and expenses (including, without limitation, reasonable attorney fees) arising out of or related to: (i) misuse of the Service; or (ii) any violation of this Agreement or applicable laws, rules or regulations.
9. Intellectual Property Rights. As between the parties, HYMN owns all rights, title and interest in and to the Service, and all proprietary process and technology relating thereto ("Technology") and all intellectual property rights therein, including, without limitation, all modifications, updates and derivative works relating to the Service or Technology. All suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you to HYMN related to the Service or any of HYMN's other products or services (collectively referred to as "Contributions"), shall be owned by HYMN; you shall not be entitled to any compensation in connection therewith and hereby assign to HYMN all intellectual property rights and other rights in or to any and all Contributions. The HYMN name and logo, and any other trademarks or service marks used by HYMN in connection with the Service, are trademarks of HYMN or its licensors, and you shall have no right or license thereto.
10. Termination. HYMN may terminate this Agreement immediately if you breach any provision of this Agreement. Upon termination, you shall cease all use of the Application and Website. Sections 3.b, 4.d, 8.b, 8.c and 9 through 13 shall survive termination or expiration of this Agreement for any reason.
11. Warranty Disclaimer. THE SERVICE IS PROVIDED "AS IS." EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, NEITHER HYMN NOR ITS LICENSORS MAKE ANY WARRANTY REGARDING THE SERVICE OR ANY OTHER ITEMS OR SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION, REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY, SECURITY, COMPATIBILITY, ACCURACY OR COMPLETENESS OF THE SERVICE.
HYMN AND ITS LICENSORS HEREBY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. Limitation of Liability. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR OTHERWISE, EXCEPT FOR BODILY INJURY, NEITHER HYMN NOR ITS LICENSORS SHALL BE LIABLE TO THE END-USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF HYMN HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HYMN'S OR ANY OF ITS LICENSORS’ AGGREGATE LIABILITY TO THE END-USER RELATED TO THE SUBJECT MATTER HEREOF EXCEED THE AMOUNTS ACTUALLY RECEIVED BY HYMN FROM THE END-USER FOR THE SERVICE.
SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. Miscellaneous. This Agreement shall be governed by Dutch laws without regard to conflicts of laws’ provisions thereof. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement and understanding between you and HYMN with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written negotiations, understandings or agreements. No changes or modifications or waivers to this Agreement will be effective unless in writing and signed by HYMN. All notices under this Agreement shall be in writing, and shall be deemed given when personally delivered, when sent by confirmed email, or three days after being sent by prepaid certified or registered mail. The End-User may not assign this Agreement nor any portion thereof to any third party; any purported assignment shall be void and without effect. In any action to enforce rights or obligations under this Agreement, the prevailing party shall be entitled to recover costs and reasonable attorney fees.
BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST HYMN OR ITS LICENSORS.
Should you have any questions, complaints or claims with respect to the Service please click here to go to the Support page.
ADDITIONAL TERMS THAT ARE APPLICABLE TO USERS OF THE APPLICATION AS OFFERED BY THIRD PARTIES AND ARE AN INTEGRAL PART OF THE ABOVE AGREEMENT:
The following additional terms and conditions apply to you if you download the Application from a Third Party Store. To the extent that the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the Application and the Third Party Store. You acknowledge and agree that:
These Terms are concluded solely between you and HYMN and not with the providers of the Third Party Store, and HYMN is solely responsible for the Application and the content thereof. To the extent that this Agreement provides for usage rules for the Application which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the Application, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
The Third Party Store provider has no obligation whatsoever to provide any maintenance or support services with respect to the Application. The Third Party Store provider will have no warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of HYMN.
HYMN, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the Application or your possession and / or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and / or (iv) intellectual property infringement claims.
The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement and shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.