Acceptance of Terms

Please carefully review the following terms and conditions of use before accessing the  Passionato website or player. Using the Passionato website or player (the “Service”) indicates that you accept these terms, conditions and disclaimers regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, please do not use the website or player.

You must register your details with us in order to receive the download service or use the media player. We may accept or reject your registration at our sole discretion.

System Requirements

Use of the complete Passionato services requires the installation of the Passionato media player, internet access (fees may apply), and may require updates or upgraded from time to time. Your ability to use these services may be affected by factors beyond our control, including the performance of your host PC or internet connection. 

Privacy Policy

Passionato takes your privacy and security seriously. We will not give your personal information to any third party without your consent. We will not use any of your personal information other than in accordance with the Data Protection Act (UK). We use 128 bit encryption to ensure that your credit card details are processed using the highest possible standards of security and confidentiality. This Policy explains how we use the information we collect about you and the choices you can make about the way your information is collected. By using this site you consent to your personal information being dealt with in accordance with the provisions of this policy.

The Information We Collect and How We Use It

At this site you can purchase digital products, enter contests, submit reviews and ratings or otherwise express an opinion, subscribe to one of our services such as our online newsletters, or participate in one of our online forums or communities. The types of information that may be collected at these pages include: your name, e-mail address, postal address, and telephone number. We request these details in order to provide our services or product to you, prevent fraud, and to respond to any queries you may have.

To assist us in providing you with the best possible service we may also from time to time access information from your Passionato media player about your media collection, listening habits and searches in order to offer you personalised recommendations and other customised facilities. The information gathered will be used solely to enable Passionato to provide you with the best possible service and will not be shared with any 3^rd party, except in an aggregated form that contains no personally identifiable information.

Cookies

When you first visit this site we send a "cookie" to your computer primarily to enhance your online experience. "Cookies" are files that can identify you as a unique customer and may store your personal preferences as well as technical information such as the type of browser you are using. On their own cookies do not contain or reveal any personal information. However, if you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookies.

We use cookies to personalise your visit (e.g. to recognise you by name when you return to this site) and to track customer trends and patterns. This helps us improve the design and content of our site for visitors and assists us in our marketing initiatives.

Advertisers on this site may also send cookies to your computer if you "click" on or view any link or banner which takes you to an advertiser's website. However, we have no control over the information that is submitted to, or collected by, these third parties.

Although most browsers are initially set up to accept cookies, you can reset most browsers at any time to limit or refuse the use of cookies or to indicate when a cookie is being sent. However, please note that, if you disable cookies you may not be able to benefit fully from some of the functionality on our site.

Outside Parties

We may share information about visitors to this site in aggregate with third parties including advertisers, business partners, and sponsors, to analyse site usage and manage and improve our business relationships. Please be assured that before we share such information with any third parties, the information will be made anonymous so that your identity is protected.

We may share personal information with third parties to administer and process your requests (e.g., when you order a product or service we may share your details with third party financial institutions to process payment for your order). We may also share your details with third parties to obtain professional advice, such as auditors.

We may on occasion combine information that we receive online with outside records to enhance our ability to notify you of our products and services that we think will be of interest to you.

Your Information

You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Passionato may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Passionato may store and use the Registration Data you provide (including payment card information) for use in maintaining your accounts and billing fees to your payment card.

Payment Information

Credit and Debit cards are debited before any digital product is downloaded unless the downloads are of a free promotional offer by Passionato. Where applicable, sales taxes shall included in the retail price.

In the U.S.: Any permanent downloads of Sony Music Entertainment sound recordings are sold directly by Sony Music Entertainment Downloads LLC, via Passionato Ltd. as its agent.

All purchases made on the Passionato.com website are governed by U.K. law, except with respect to purchases of Sony Music Entertainment sound recordings, in which case, New York law governs.

Although this site is accessible worldwide, it is possible that certain titles shown may not be available in every country.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.

User Accounts and Security

Account and Password

. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Passionato of any unauthorised use of your Account or any other breach of security. Passionato shall not be responsible for any losses arising out of the unauthorised use of your Account which is not due to the negligence of Passionato.

Passionato Content

Passionato accepts no liability for any loss or damage to content once it has been downloaded from our store. Any further use of the content once downloaded is entirely the responsibility of the customer, who, by registering with Passionato, expressly agrees to abide by all relevant copyright laws with respect to the content downloaded.

You shall be authorised to use the Products only for personal, non-commercial use, and not for redistribution, transfer, assignment or sub-licence, to the extent permitted by law.

User-Generated Content

Passionato may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that your possible participation in any such activities and any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, and that you have obtained all necessary rights, licences or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant Passionato a worldwide, royalty-free, non-exclusive licence to use such materials as part of the Service, and in relation to products, without any compensation or obligation to you.

Passionato reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability

Passionato has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Passionato in its sole discretion deems appropriate

Trademarks and Copyright

Please note that all material on Passionato website and media player, including, but not limited to, design, text, graphics, logos, images, audio and video, is the property of Passionato and its affiliates, and may only be downloaded for your personal use. Any further distribution for sale or otherwise or use in any other manner is expressly prohibited. You are also prohibited from modifying, distributing, re-publishing, selling, publicly performing or broadcasting any of the recordings, text, graphics or images included on this site without our express written consent.

The musical works featured on the Passionato site are protected by copyright. Passionato Ltd has obtained the authorization to use them from the relevant copyright societies. The use of the musical works from this site other than for the purpose of listening for one’s own pleasure and/or reproducing for one’s own exercise, study or usage, is expressly prohibited.

 The owners of any copyright material available via the Passionato site are intended beneficiaries of this agreement and shall have the right to enforce this agreement against you.

Passionato provides this site and its contents on an "as is" basis and makes no representations, endorsements or warranties of any kind with respect to the site, its contents or any other site linked to this website. Neither Passionato nor any of its directors, employees or other representatives will be liable for any damages whatsoever arising out of or in connection with the use of this site, including, without limitation, damages for loss of use, data or profits, with delay or inability to use the site, the provision of or failure to provide services, or for any information, products, services and graphics obtained through the site or any linked site. Your sole and exclusive remedy is to discontinue using the site.

Album Cover Art. As an account holder of the Service in good standing, Passionato may provide you with limited access to download certain album cover art for music stored your Passionato media player, subject to availability. Such access is provided as an accommodation only, and Passionato does not warrant or endorse and does not assume and will not have any liability or responsibility for such album cover art or your use thereof. You may only access album cover art (to the extent available) for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, non-commercial use only. You agree that you will not use album cover art in any manner that would infringe or violate these Terms of Service or the rights of any other party, and that Passionato is not in any way responsible for any such use by you.

Product Information and Availability

Passionato reserves the right to change prices for Products offered at the Passionato Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

All recorded content in the Passionato store is subject to availability, whilst we make every effort to maintain the widest possible range of recordings, we reserve the right to withdraw titles from sale without notice.

Whilst every effort is made to ensure the accuracy of the information displayed in the Passionato store and player, we cannot accept liability for any errors. We reserve the right to change information, specifications and descriptions of listed goods, products and services at any time without notice.

General

We may amend these terms and conditions from time to time, and place the new version on the website. All purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms. You are advised to read (and are responsible for reading) all information on this website fully.

Passionato reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time and Passionato will not be liable.

Passionato may provide links to certain third party Web sites. You acknowledge and agree that Passionato is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Passionato does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties.

These terms and conditions are subject to the laws and exclusive jurisdiction of the United Kingdom