1. Introduction
Please read these Terms of Use ("Terms") carefully as they govern your use of (which includes access to) TheFreshFind's personalized services for streaming music and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "TheFreshFinds Service") and any music, videos, podcasts, audiobooks, or other material that is made available through the TheFreshFinds Service ("Content").
Use of the TheFreshFinds Service is subject to the TheFreshFinds Privacy Policy and additional terms and conditions presented by TheFreshFinds, all of which are made part of these Terms by this reference.
By signing up for, or otherwise using, TheFreshFinds Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the TheFreshFinds Service or access any Content.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Service provider
These Terms are between you and TheFreshFinds llc.
Age and eligibility requirements
BY USING THE THEFRESHFINDS SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the TheFreshFinds Service and access any Content, you represent that: you reside in the United States, and any registration and account information that you submit to TheFreshFinds is true, accurate, and complete, and you agree to keep it that way at all times.
2. The TheFreshFinds Service
TheFreshFinds Service options
We provide numerous TheFreshFinds Service options. Certain TheFreshFinds Service options are provided free of charge, while other options require payment before they can be accessed ("Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
Trials
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate ("Trial"). By using a TheFreshFinds Service via a Trial, you agree to the TheFreshFinds Paid Subscription Terms.
Third-party applications, devices and open source software
The TheFreshFinds Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. TheFreshFinds does not guarantee that Third-Party Applications and Devices will be compatible with the TheFreshFinds Service.
Service limitations and modifications
We use reasonable efforts to keep the TheFreshFinds Service operational and to provide you with a personalized, immersive audio experience. However, TheFreshFinds reserves the right to change our TheFreshFinds Service offerings and their availability from time to time, without notice or liability to you. For example:
The TheFreshFinds Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
We aim to evolve and improve the TheFreshFinds Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the TheFreshFinds Service (including particular functions, features, subscription plans, and promotional offerings).
TheFreshFinds has no obligation to provide any specific content through the TheFreshFinds Service, and TheFreshFinds or the applicable owners may remove particular songs, videos, podcasts, and other Content without notice.
If you have prepaid fees directly to TheFreshFinds for a Paid Subscription that TheFreshFinds permanently discontinues prior to the end of your Prepaid Period (as that term is defined in the "Payments and cancellations" section below), TheFreshFinds will refund you the prorated portion of the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
TheFreshFinds has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other TheFreshFinds Service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
3. Your Use of the TheFreshFinds Service
Creating a TheFreshFinds account
You may need to create a TheFreshFinds account to use all or part of the TheFreshFinds Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
TheFreshFinds may reclaim, or require you to change, your username for any reason.
Your rights to use the TheFreshFinds Service
Access to the TheFreshFinds Service
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the TheFreshFinds Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or TheFreshFinds. You agree that you will not redistribute or transfer the TheFreshFinds Service or the Content.
The TheFreshFinds software applications and the Content are licensed, not sold or transferred to you, and TheFreshFinds and its licensors retain ownership of all copies of the TheFreshFinds software applications and Content even after installation on your Devices.
TheFreshFind's proprietary rights
The TheFreshFinds Service and the Content are the property of TheFreshFinds or TheFreshFind's licensors. All TheFreshFinds trademarks, service marks, trade names, logos, domain names, and any other features of the TheFreshFinds brand ("TheFreshFinds Brand Features") are the sole property of TheFreshFinds or its licensors. These Terms do not grant you any rights to use any TheFreshFinds Brand Features whether for commercial or non-commercial use.
You agree to abide by the TheFreshFinds User Guidelines and not to use the TheFreshFinds Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
Payments and cancellation
Billing
You may purchase a Paid Subscription directly from TheFreshFinds or through a third party either by:
paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
prepayment giving you access to the TheFreshFinds Service for a specific time period ("Prepaid Period").
Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the TheFreshFinds Service in addition to these Terms. Please contact the third party regarding any refunds or to manage your subscription. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of TheFreshFinds for access to a Paid Subscription ("Codes"), you hereby agree to the TheFreshFinds Card Terms.
If you purchase Audiobook Content outside of your Paid Subscription, your purchase will be governed by the Audiobook Purchase Terms and Conditions.
Price and tax changes
TheFreshFinds may from time to time make changes to Paid Subscriptions, including recurring subscription fees, the Prepaid Period (for periods not yet paid), or Codes, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the TheFreshFinds Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
Renewal and cancellation
With the exception of Paid Subscriptions for a Prepaid Period, your payment to TheFreshFinds or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the TheFreshFinds Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated with your Code, or when there is an insufficient prepaid balance to pay for the TheFreshFinds Service.
User guidelines
We've established guidelines for using the TheFreshFinds Service, to make sure the TheFreshFinds Service stays enjoyable for everyone ("TheFreshFinds User Guidelines"). In using the TheFreshFinds Service, you must comply with the TheFreshFinds User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
Brand accounts
If you establish a TheFreshFinds account on behalf of a company, organization, entity, or brand ( "Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout these Terms (including other TheFreshFinds terms and conditions incorporated by reference herein), apply to both you and the Brand.
If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable TheFreshFinds terms and conditions) and to bind the Brand to these Terms.
A Brand may follow users and create and share playlists, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, artist, songwriter, or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.
Export control and sanctions
Certain TheFreshFinds products and services are subject to trade control laws, including the export control and economic sanctions laws of the United States, the European Union, the United Kingdom and other jurisdictions, including but not limited to the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), the International Traffic in Arms Regulations maintained by the U.S. Department of State, Regulation 2021/821 as amended (EU Dual-Use Regulation), the UK Export Control Act 2002 and the UK Export Control Order 2008 (collectively, "Trade Control Laws"). You represent and warrant that you are (1) not located in, organized under the laws of, or ordinarily resident in any country or territory subject to territorial sanctions ("Sanctioned Country"), nor are you owned by or acting on behalf of a Government subject to asset-blocking sanctions or any person or entity organized, located or ordinarily resident in a Sanctioned Country; and (2) not a person identified on, or more than 50% owned or controlled, directly or indirectly, by or acting on behalf or at the direction of any entity identified on, U.S., E.U., U.K., or other applicable government restricted party lists, such as the Specially Designated Nationals List maintained by OFAC, the Consolidated list of persons, groups and entities subject to EU financial sanctions, or the UK Consolidated List.
You agree to comply with all applicable Trade Control Laws in your use of the TheFreshFinds Service. Specifically, you agree not to, directly or indirectly, use, sell, supply, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from TheFreshFinds under these Terms to any destination, entity, or person or for any end use prohibited by applicable Trade Controls Laws. TheFreshFinds shall not be required to act in any way that is prohibited under applicable Trade Control Laws, and it shall be in the sole discretion of TheFreshFinds to refrain from being directly or indirectly involved in the provision of products or services that may be prohibited under applicable Trade Control Laws.
4. Content and Intellectual Property Rights
User Content
The content you post on the TheFreshFinds Service
TheFreshFinds users may post, upload, or otherwise contribute content to the TheFreshFinds Service ("User Content"). For the avoidance of doubt, User Content includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the TheFreshFinds Service (including to the TheFreshFinds Support Community) by users.
You are solely responsible for all User Content that you post.
You promise that, with respect to any User Content you post on TheFreshFinds, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by TheFreshFinds pursuant to the license granted below, does not: (i) violate these Terms, including the TheFreshFinds User Guidelines, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by TheFreshFinds or any artist, band, label, or other individual or entity without the prior express written consent from TheFreshFinds or such individual or entity.
In posting or sharing User Content or other information on the TheFreshFinds Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the TheFreshFinds Service and across the web, so please use caution in posting or sharing on the TheFreshFinds Service, and be mindful of your account settings. TheFreshFinds is not responsible for what you or others post or share on the TheFreshFinds Service.
Monitoring user content
TheFreshFinds may, but has no obligation to, monitor or review User Content. TheFreshFinds reserves the right to remove or disable access to any User Content for any or no reason. TheFreshFinds may take these actions without prior notification to you.
Licenses that you grant to us
User Content
You retain ownership of your User Content when you post it to the TheFreshFinds Service. However, in order for us to make your User Content available on the TheFreshFinds Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to TheFreshFinds a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the TheFreshFinds Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Feedback
If you provide ideas, suggestions, or other feedback in connection with your use of the TheFreshFinds Service or any Content ("Feedback"), such Feedback is not confidential and may be used by TheFreshFinds without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
Your Device
You also grant to us the right (1) to allow the TheFreshFinds Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the TheFreshFinds Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
Content experience
In any part of the TheFreshFinds Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including TheFreshFind's agreements with third parties.
Some Content licensed by, provided to, created by, or otherwise made available by TheFreshFinds (e.g., podcasts or shows) may incorporate advertising or other promotional messages.
Infringement claims
TheFreshFinds respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please see the TheFreshFinds Copyright Policy.
5. Customer Support, Information, Questions, and Complaints
TheFreshFinds support community
TheFreshFinds Community is a place for discussions and exchange of information, tips, and other materials related to the TheFreshFinds Service. By using TheFreshFinds Community, you agree to the Community Terms.
Customer support, information, questions, and complaints
For customer support with account- and payment-related questions ("Customer Support Queries"), please use Customer Support resources listed on the About Us section of our website.
If you have any questions concerning the TheFreshFinds Service or these Terms (including any additional TheFreshFinds terms and conditions incorporated herein), please contact TheFreshFinds Customer Service by visiting the About Us section of our website. You may also contact us at the mailing address set forth in the "Service Provider" section at the start of these Terms.
In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the TheFreshFinds Service or to receive further information regarding use of the TheFreshFinds Service.
6. Problems and Disputes
Suspending and terminating the TheFreshFinds Service
These Terms will continue to apply to you until terminated by either you or TheFreshFinds. TheFreshFinds may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the TheFreshFinds Service at any time if we believe you have breached any of these Terms, if we stop providing the TheFreshFinds Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or TheFreshFinds terminate these Terms, or if TheFreshFinds suspends your access to the TheFreshFinds Service, you agree that TheFreshFinds shall have no liability or responsibility to you, and (except as expressly provided in these Terms) TheFreshFinds will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the TheFreshFinds Service. To learn how to terminate your TheFreshFinds account, please use the Customer Support resources on our About Us page.
The following sections shall survive termination: Sections 2 (The TheFreshFinds Service), 3 (Your Use of the TheFreshFinds Service) (except as set forth therein), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
Warranty disclaimers
THE THEFRESHFINDS SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, THEFRESHFINDS AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THEFRESHFINDS NOR ANY OWNER OF CONTENT WARRANTS THAT THE THEFRESHFINDS SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, THEFRESHFINDS MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE THEFRESHFINDS SERVICE OR ANY HYPERLINKED WEBSITE, AND THEFRESHFINDS IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM THEFRESHFINDS SHALL CREATE ANY WARRANTY ON BEHALF OF THEFRESHFINDS. WHILE USING THE THEFRESHFINDS SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
