SONOS RADIO TERMS OF SERVICE
Welcome to Sonos Radio
THIS LEGAL AGREEMENT (“TERMS OF SERVICE” OR “TERMS”) BETWEEN YOU AND SONOS GOVERNS YOUR USE OF THE SONOS RADIO (“SONOS RADIO” OR THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY ACCESSING OR USING SONOS RADIO, YOU AGREE TO BE BOUND BY THESE TERMS. ALL REFERENCES IN THESE TERMS TO “SONOS” AND/OR “WE/US/OUR” MEAN SONOS, INC. WITH ITS REGISTERED OFFICE AT 614 CHAPALA STREET, SANTA BARBARA, CA 93101 (“SONOS”).
BY USING ANY PORTION OF THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. BEFORE USING SONOS RADIO, PLEASE READ THIS DOCUMENT AND OUR PRIVACY STATEMENT CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE SONOS RADIO.
I. REQUIREMENTS FOR USE OF THE SERVICE
- Age. The Service is only available to individuals aged 16 years or older (or equivalent minimum age in the relevant jurisdiction). We do not knowingly collect, use or disclose personal information from children under 16, or equivalent minimum age in the relevant jurisdiction.
- Devices and Access. Use of the Service requires Internet access, compatible third party devices (“Third Party Device”), Sonos Product(s) (including Sonos software and hardware) and Sonos Application (“Sonos App” or “App”) collectively referred to as the “Product”; may require periodic updates; and may be affected by the performance of these factors. The latest version of required Sonos software may be required for certain features. You agree that meeting these requirements is your responsibility.
- Limitations on Use. You agree to use the Service only for purposes permitted by these Terms, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Sonos may also impose additional or different limits on use or access to Sonos Radio, without notice or incurring any liability to you. The use, content or functionality of Sonos Radio may require additional payment and/or a subscription by you. You will be notified where additional payment or subscription may be required for certain Sonos Radio Services. You will not be charged for Sonos Radio unless those charges are made known to you in advance. Sonos makes no promises, warranties or representations of any kind as to the accuracy, availability or completeness of any information or content from the third-party content providers of Sonos Radio. Please note that Sonos does not review, control or endorse any content, products or services provided by third parties as part of the Sonos Radio.
- Availability of the Service.
- The Service, or any feature or part thereof, may not be available in all languages or in all countries and Sonos makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative.
- Sonos may, at its sole discretion and from time to time, update, change, add or remove features, functionality and content of Sonos Radio, in whole or in part. These updates may be required in order to use certain features or to continue to connect to certain services. The Sonos Radio may also be updated from time to time by its third-party providers.
- Sonos reserves the right, without prior notice or compensation, to terminate access to Sonos Radio or any part thereof at any time and in its sole discretion. Sonos also has the right to permanently stop the Service without paying compensation. A notification of permanent termination of Sonos Radio service is given via the Sonos App.
- The third-party radio stations that are available as part of the Service are linked to the availability of the radio content on their respective platforms and can therefore change. Sonos cannot guarantee the availability of specific third-party radio stations in Sonos Radio service.
- Sonos cannot guarantee that a song, album, artist or group in the Sonos Radio service will be available indefinitely. Sonos accepts no liability for the withdrawal of any part of the radio content that is made available.
- Changing the Service. Sonos reserves the right, in its sole discretion, at any time to modify, alter, or otherwise change these Terms and to impose new or additional terms or conditions on your use of the Service, provided that Sonos will give you a notice of any material adverse change to the Service or applicable terms of service, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, catastrophic event, war, or other similar occurrence outside of Sonos’ reasonable control. Such modified, altered or changed Terms will be effective immediately. Please review these Terms periodically for changes. Your continued use of Sonos Radio, after the notification of changes by Sonos, constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of Sonos Radio.
II. YOUR PRIVACY AND DATA PROTECTION
- Sonos Privacy Statement. Sonos has developed a Privacy Statement in order to inform you of its practices with respect to collection, use, disclosure and protection of personal information we process. You can find the Sonos Privacy Statement, which is incorporated into these Terms, here. By using Sonos Radio you agree to the terms of the Privacy Statement. At all times your information is treated in accordance with Sonos Privacy Statement. If you have questions regarding our Privacy Statement, please contact us at email@example.com.
III. FEATURES AND SERVICES
- Description. Sonos Radio is a service that provides access to radio stations provided by both Sonos and third-party partners (hereinafter referred to as the "Radio Content") for radio streaming via the Sonos App on Sonos Product(s) for each User who uses it for personal use (hereinafter referred to as the "User"). The User has the option of using Sonos Radio by logging into his/her existing Sonos account via the Sonos App. Sonos provides an information tool and audio guide service offering access to a selection of indexed radio stations, podcasts, and other content created by or on behalf of Sonos. Features of the Service are available to you free of charge (the “Free Service”).
- No Rights to Compensation. In return for enjoying the Free Service or you acknowledge and agree that Sonos may generate revenues (including from advertising and sponsorships), increase goodwill or otherwise increase the value of Sonos from your use of the Service, and you will have no right to share in any such revenue, goodwill or value.
- Service Features. Sonos Radio consists of radio stations from third-party partners, as well as stations that Sonos creates and delivers directly to listeners (“Sonos Owned and Operated Stations”). Sonos Owned and Operated stations are streaming radio stations that play hand-selected and programmed music and voice-over content in a manner that emulates live radio, but with the capability to personalize your listening experience over time based on your listening habits and preferences. Additionally, Sonos may provide content suggestions in the Sonos App. Third-party radio stations come directly from our partners, and Sonos exercises no control over what content is played on third-party radio stations. Sonos Radio also organizes and features content from Sonos and our third-party partners in a way that changes from time to time, and can be based on editorial governance, popularity or other variables. The free Sonos Radio owned, and operated stations are supported by advertising, which is done by Sonos as well as third-party advertising partners.
IV. YOUR USE OF THE SERVICE
- Your Sonos Account.
- As a registered user of the Service, you must have a Sonos Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Sonos of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Sonos shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these terms.
- In order to use the Service, you must have access to the Sonos App and enter your Sonos login and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete.
- No Resale of Service. You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
- Sonos’ Proprietary Rights. You acknowledge and agree that Sonos and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms.
- License from Sonos. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR THE USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
- Public Beta. From time to time, Sonos may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing Sonos with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Sonos, and that Sonos is not obligated to provide you with any Beta Features. Sonos may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that Sonos may collect and use information from your Account, Products and peripherals in order to enroll you in the Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed separately in your Beta Tester Agreement, these Terms and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Sonos may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that Sonos provides to you in order to receive any such support. Sonos reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice and may revoke your participation in the Program at any time. You acknowledge that Sonos has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, Sonos will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, Sonos will be free to use any feedback you provide for any purpose.
- Export Control. Use of the Service and Software may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
- Updates. From time to time, Sonos may update the Software used by the Service. In order to continue your use of the Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.
- Advertisements. Sonos may present advertisements for the goods and services of third parties or other promotional materials on or through the Service. Your dealings with, or participation in, promotions of any third-party advertisers on the Service, are solely between you and such third party, and your participation is subject to any terms and conditions associated with that advertisement or promotion. Sonos does not endorse or represent such third parties, and by using the Service, you agree that Sonos is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the Service.
VII. WARRANTY AND DISCLAIMER
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF SONOS RADIO IS MADE AVAILABLE TO YOU WITHOUT WARRANTY AS DESCRIBED BELOW, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- SONOS RADIO SERVICES IS PROVIDED “AS IS,” WITH ALL FAULTS AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, STATUTORY OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE), TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- USE OF SONOS RADIO IS AT YOUR OWN RISK. THIS MEANS, FOR EXAMPLE, THAT SONOS DOES NOT GUARANTEE THAT THE SONOS RADIO WILL ALWAYS WORK PROPERLY OR WILL WORK AT ALL, WILL BE ERROR-FREE, WILL OPERATE UNINTERRUPTED OR WILL MEET YOUR REQUIREMENTS. THIS ALSO MEANS THAT SONOS DOES NOT GUARANTEE THAT SONOS RADIO WILL BE FREE FROM VIRUSES, HACKS OR OTHER POTENTIALLY HARMFUL INTRUSIONS OR THAT DEFECTS WILL BE CORRECTED.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONOS OR A SONOS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
- PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW SUCH WARRANTY LIMITATIONS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS PROVISION WILL NOT AFFECT YOUR RIGHTS UNDER THE SONOS LIMITED WARRANTY.
VIII. SONOS RADIO AND THIRD-PARTY MATERIAL
- Third-Party Materials. Sonos Radio may include third party materials or links to third party materials, such as applications, content or websites. Because Sonos may have no control over such third party sites and/or materials, you acknowledge and agree that Sonos is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Sonos shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, products or materials on or available from such sites or resources.
- Content. Sonos is not responsible for examining or evaluating the content or accuracy of the Sonos Radio or of any included or linked third party materials. Sonos does not endorse any of the third-party materials. Sonos does not assume any responsibility for and will not have any liability for any third-party materials. Links are provided solely as a convenience to you.
- Explicit Content. You understand that by using Sonos Radio, you may encounter content that may be deemed offensive, indecent, or objectionable, and such content may or may not be initially identified as being explicit. Sonos shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Parental discretion is advised for all users of Sonos Radio under the age of 18.
- Other Party Rights. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and Sonos is not in any way responsible for any such use by you.
IX. INTELLECTUAL PROPERTY RIGHTS
- Sonos Radio Service. Subject to your complete and ongoing compliance with these Terms of Service, Sonos hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Sonos Radio solely for your personal, non-commercial entertainment use as intended through the provided functionality of the Service and solely in strict compliance with the provisions of these Terms of Service. You may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service except as expressly set forth in the preceding sentence. The Service and content made available on it, and as defined below under section IX.B, are the property of Sonos, its partners, or licensors and are protected by copyright and other intellectual property laws. Except as expressly provided in this Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, trademarks, or moral rights with respect to the Service or the Content. Sonos and its licensors reserve all rights not expressly granted under this Agreement. Except as necessary to use the Services, you agree not to (i) reproduce, record, retransmit, redistribute, disseminate, sell, rent, lend, broadcast, make available, communicate to the public, publicly perform, adapt, sub-license, circulate to any third party, or create derivative works of the Content, (ii) use any automated system for the selection, download, streaming, or electronic distribution of Content, or (iii) exploit the Content for commercial purposes or for the purpose of increasing royalties. You are solely responsible for the investigation, defense, settlement and discharge of any claim against you based on your use of the Content.
- Sonos Radio Content. Except for third party content owned or controlled by third party transmitting entities over whom Sonos does not exercise a right and ability to control and where such content is made available through the Service when Sonos is providing an information location tool, index or directory service (“Third Party Content”), the content that Sonos itself provides to User on or through the Service, including without limitation, any podcasts or other audio content, text, graphics, photos, software and interactive features, may be protected by copyright or other intellectual property rights and is owned by Sonos or its third party licensors (collectively, the “Sonos Content”). You may not reproduce, modify, distribute, display, publish, transmit, communicate to the public, make available, broadcast, create derivative works from, publicly perform (including on a through-to-the audience basis) and otherwise use and exploit (collectively, “Use”) any Sonos content without Sonos’ prior authorization. You may not Use any Third-Party Content without the prior authorization of the owners of such content, notwithstanding any functionalities of the Service. Sonos does not guarantee access to any particular Sonos content, or Third-Party content. Sonos or its licensors, and the owners of Third-Party Content, may change, delete, or prohibit access to Sonos Content or Third-Party Content, as the case may be, or schedules of any of the foregoing, at any time with or without notice.
- Restrictions. The Service, Sonos content, and Trademarks, including all intellectual property rights therein, are the sole and exclusive property of Sonos and its licensors. Sonos hereby reserves all rights not expressly granted to you. Accordingly, nothing in these Terms of Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any Sonos content or Trademarks located or displayed therein. Except for the right to access Third Party Content through the Service, no rights are hereby granted to you with respect to such Third-Party content.
- Copyright infringement. We respect the intellectual property rights of our artists and content providers. If you are a copyright holder who believes that any content available on the Services infringes upon your rights, please let us know. Notice of alleged copyright infringement should be sent to Napster’s designated copyright agent at the following address (email is preferred):
Rhapsody International Inc.
701 Fifth Ave. Suite 3100
Seattle, Washington 98104 USA
X. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SONOS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE SONOS RADIO, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SONOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THIS PROVISION WILL NOT AFFECT YOUR RIGHTS UNDER THE SONOS LIMITED WARRANTY.
XI. TERM AND TERMINATION
- Term and Voluntary Termination by You. Subject to the terms of this section, these Terms shall be in effect for as long as you use the Service. You may stop using the Service at any time. During such time as you’ve stopped using the Service, these Terms shall automatically terminate.
- Termination by Sonos. Your rights under these Terms, at Sonos’ sole discretion, may terminate automatically without notice from Sonos if you fail to comply with any of these Terms. Sonos may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your access to the Service. Cause for such termination shall include: (a) violations of Terms or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems. Any such termination or suspension shall be made by Sonos in its sole discretion and Sonos will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of access to the Service. Notice of general discontinuance of the Service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of Sonos’ reasonable control. Sonos shall not be liable to you for any modifications to the Service or terms of service.
- Notices. Sonos may provide you with notices regarding the Service, including changes to these Terms, by email to your Account email address (and/or other alternate email address associated with your Account if provided), via Sonos App or by postings on our website and/or the Service.
- Governing Law. Except to the extent expressly provided in the following paragraph, these Terms and the relationship between you and Sonos shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Sonos agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Barbara, California, to resolve any dispute or claim arising from these Terms. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from these Terms shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
- If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
- If you are a citizen of Japan, the governing law shall be Japanese law and the forum shall be Tokyo, Japan.
- Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods.
- Entire Terms and Severability. These Terms constitute the entire agreement between you and Sonos, governs your use of the Service and completely replaces any prior agreements between you and Sonos in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Sonos to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
- Electronic Contracting. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENT. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Last revised: April 2020