Welcome to Whoozy (“Whoozy”, “we”, “us”, “our”). Whoozy provides streaming services offering independent songs and other content. Whoozy services require payment before you can access them. By signing up for the Whoozy service; (websites, and software applications) you are entering into a contract with Whoozy B.V. indicated at the bottom of this document.
READ THESE TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
- Registered Users
You grant us the right to (i) facilitate the operation of the Whoozy Service on your device, and (ii) provide advertising and other information to you.
You grant Whoozy the right to modify or discontinue features of the Whoozy Service, without prior notice.
You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Whoozy Service or consume any Content.
- Free Trial Free trials are for new users only and the free trial period lasts for 14 days. Whoozy reserves the right, in its absolute discretion, to determine your eligibility for a Free Trial. At the end of the Free Trial we will start billing your payment method without prior written notice for the paid subscription, unless you cancel prior to the end of the free trial period.
- Payments and Cancellation
The Whoozy Subscription can only be purchased by paying a monthly subscription fee that will automatically renew at the end of the subscription period, unless you cancel your Whoozy Subscription before the end of the current Subscription period. By starting your Whoozy Subscription, you authorize us to charge you that monthly subscription fee at the then current rate to your Payment method. You may cancel your Whoozy Subscription at any time and you will continue to have access to the service through the end of your current Subscription period.
We reserve the right to change the price for the Whoozy Subscription with prior written notice in any manner and at any time. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Whoozy Service.There are no refunds or credits for partial monthly subscriptions.
PAYMENTS ARE NONREFUNDABLE FOLLOWING ANY CANCELLATION
- User Ground rules
You promise and agree that you are using the Whoozy Service for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Whoozy Service or the Content.
It is not allowed to (i) sell or sublicensing any part of the Whoozy Service or the Content, or (ii) make available to the public any part of the Whoozy Service or the Content. It is also not allowed to (iii) provide your password to any other person or use any other person’s username and password;
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service.
- Third Party Applications
The Whoozy Service is integrated with third party applications that you may use. You understand and agree that Whoozy is not responsible for these applications. Third Party Applications have their own terms and conditions and privacy policies AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
- Governing / Jurisdiction
- Submitted information
You acknowledge that any feedback, ideas suggestions, comments, information, concepts, reviews, techniques you may send to us ("Feedback"), is not confidential and authorize Whoozy to use that Feedback without restriction and without payment to you. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
- Customer support
For customer support, assistance with your account, click on the "Contact" link on the menu in the right corner of our website at any time. There (i) you can submit a ticket to our customer service department using the Customer Service contact form, and (ii) you will find the answers to many frequently asked questions at “Info” in the menu of our website.
You agree to indemnify and hold the Company harmless from and against any loss, all damages and expenses, including (reasonable attorney’s fees), arising out of (i) any violation of this Agreement, or (ii) your violation of any law or the rights of a third party.
- Warranty and disclaimer
WHOOZY AND ALL OWNERS OF THE CONTENT MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MUSIC MADE AVAILABLE VIA THE WHOOZY SERVICE. THE WHOOZY SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND WHOOZY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WHOOZY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE, WHOOZY ALSO DOES NOT REPRESENT OR WARRANT THAT THE WHOOZY SERVICE OR ANY PART THEREOF, IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NEITHER WHOOZY NOR ANY OWNER OF CONTENT WARRANTS THAT THE WHOOZY SERVICE IS FREE OF ANY HARMFUL COMPONENTS. YOU USE THE WHOOZY SERVICE AT YOUR OWN RISK.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WHOOZY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE WHOOZY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WHOOZY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WHOOZY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO WHOOZY DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
If you have any questions concerning the Whoozy Service or the Agreements, please contact Whoozy customer service.
Thank you for reading our Terms. We hope you enjoy Whoozy!
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