Umiki Terms of Use

1. About these Terms

Umiki ("the Service") is a music listening service of One Live ("we", "us", "our"), established in the European Union. It lets you search for music, play it, keep a library and playlists, get personal recommendations and share what you listen to. These Terms of Use ("Terms") are an agreement between you and One Live about your use of the Service.

By using Umiki, you accept these Terms. If you do not accept them, please do not use the Service. Our Privacy Policy explains how we handle your personal data; it is information for you, not a contract you agree to, and your rights under data protection law do not depend on accepting these Terms.

You sign in to Umiki with your One Live ID, and your Umiki profile is your One Live Network profile. The One Live ID Terms of Use and the One Live Network Terms of Use apply in addition to these Terms when you use those services.

2. Who can use Umiki

To use Umiki you must:

• be at least 13 years old, and, if the law of your country sets a higher age for using services like ours without a parent's or guardian's permission, either be that age or have that permission;
• have a One Live ID in good standing;
• be able to enter into these Terms under the law that applies to you;
• not have been permanently restricted from Umiki, unless we have agreed otherwise.

Umiki is meant for the official Umiki apps and the Umiki website. Some features, or some music, may not be available in every country or on every device.

3. The music in Umiki

• Umiki does not own the music. Songs, recordings, artwork, lyrics and information about them belong to their artists, labels, publishers and other rights holders. Umiki finds them with other music services, described in the Privacy Policy, and their availability depends on those services.
• Personal use only. You may listen to music in Umiki for your own personal, non-commercial enjoyment. You may not play it in public, in a business, or on a broadcast or stream, and you may not sell or rent access to it.
• No copying. You must not download, record, rip, capture or redistribute music, artwork or lyrics from Umiki, or try to get around any limits on how they can be played.
• No guarantee of availability. A track, album or artist can disappear from Umiki, play in a different version, or show different information at any time, for example when a music service changes or removes it. We cannot promise that any particular music will be available.

4. Your library, playlists and activity

• Your content. The playlists you create, their names, descriptions and covers, and the tracks and activity you share, are yours. You give One Live a free, non-exclusive, worldwide licence to store, copy and display them in the Service and in other One Live services where you share them, only for as long as needed to run those services and to show them to the people you chose. This licence ends when you delete the content, except for copies others have already shared or that we must keep by law.
• Public playlists. Anyone can see a playlist you make public, together with your display name. Do not put anything in a playlist name, description or cover that you do not have the right to share or that breaks section 5.
• Sharing settings. Your activity and your "Listening to" status are shared according to the settings described in the Privacy Policy. You can change them at any time.
• Imports. When you import a playlist from another service, you must have the right to use that list, and you are responsible for following that service's terms. Imported tracks are matched automatically and may not always be the exact version you expect.

5. Acceptable use

You must not:

• use Umiki in a way that infringes the intellectual property or other rights of anyone else;
• use playlist names, descriptions or covers to harass, threaten, impersonate or spread hate against anyone, to share sexual content involving minors, or to share anything unlawful;
• access Umiki by automated means, scrape it, or use its API from any app, site or script other than the official Umiki apps and website, except where we have agreed in writing;
• overload, disrupt or interfere with the Service, get around its rate limits or restrictions, or pretend to be an official Umiki app;
• decompile, reverse-engineer or modify the Umiki apps or the Service, except where the law allows it despite this restriction;
• probe, scan or test the vulnerability of the Service, except as part of a responsible disclosure made to [email protected] that does not access other people's data or disrupt the Service;
• manipulate plays, likes, charts or recommendations, for example with fake accounts or automated plays;
• use Umiki for anything unlawful.

6. Other services

• Last.fm. If you link your Last.fm account, Umiki acts for you on Last.fm as described in the Privacy Policy. Last.fm's own terms apply to your Last.fm account. You can unlink it at any time.
• One Live Network. Your profile, friends and "Listening to" status are part of One Live Network and follow its terms and guidelines.
• Music services. Umiki uses other music services to find and play music. We are not responsible for those services, their content or their availability, and they do not endorse Umiki.

7. Copyright and content complaints

We respect the rights of artists and rights holders. If you believe that something available in Umiki infringes your rights, or that a playlist breaks these Terms, write to [email protected] with the subject "Umiki Content Complaint" and include:

• your name and contact details, and, if you act for a rights holder, who that is;
• what the content is and where it appears in Umiki (for example a link, the track and artist, or the playlist name and its owner);
• why you believe it infringes your rights or breaks these Terms;
• a statement that the information in your notice is accurate and given in good faith.

We will review each complaint promptly and carefully, remove or disable access to content where appropriate, and tell you what we did. Where we remove something you added, we will tell you why, unless the law prevents us, and you can ask us to review the decision.

8. Restrictions, suspension and appeals

If you break these Terms, or we reasonably believe your account or device is involved in abuse, a security threat or illegal activity, we may remove content you added, or restrict your account or device from Umiki, temporarily or permanently. We may also act where the law requires it.

• Restrictions are decided by people, not solely by automated systems. Automatic limits on the number of requests are temporary and lift on their own.
• We will tell you which features are affected, for how long and why, unless the law prevents us or telling you would put others at risk.
• You can ask us to review a decision by writing to [email protected]. A person will review it and tell you the outcome.
• Our action will be proportionate to what happened. For less serious issues we may warn you first.

Restrictions of your whole One Live ID are made under the One Live ID Terms of Use.

9. Ending your use of Umiki

By you. You can stop using Umiki at any time. To have your Umiki data deleted, write to [email protected] with the subject "Umiki Data Deletion". What happens to your data is explained in the Privacy Policy. Deleting your Umiki data does not delete your One Live ID.

By us. We may end your access under section 8, or if we are required to by law. We may also stop offering Umiki as a whole. Except where the law or a serious breach requires otherwise, we will give you at least 30 days' notice in the Service or on our social media, so that you can save your playlists and exercise your data protection rights.

10. The Service

Umiki is provided free of charge. We work to keep it available, but we may change, suspend or discontinue features, for example when a music service we rely on changes. Where a change significantly affects how you use Umiki, we will tell you in advance where we reasonably can.

Except as stated in these Terms and to the extent the law allows, the Service is provided "as is" and "as available", and we do not promise that it will always be available, uninterrupted or error-free, or that information about music, lyrics or recommendations will be accurate.

11. Liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for damage caused intentionally or by gross negligence, or any other liability that cannot be excluded or limited under the law that applies to you, including your statutory rights as a consumer.

Subject to the paragraph above, and because the Service is provided free of charge, we are not liable for loss that was not reasonably foreseeable, for indirect or consequential loss, or for loss of profit, business or opportunity, and we are not liable for the acts of other music services, of Last.fm, or for events beyond our reasonable control, such as internet outages or failures of third-party services.

You are responsible for any breach of these Terms or of the law that you commit through your use of Umiki, to the extent the law holds you responsible for it.

12. Changes to these Terms

We may update these Terms, for example when the Service or the law changes. We will post the updated version here and keep earlier versions on the past policies page.

• For material changes, such as changes that affect your rights or limit who can use the Service, we will tell you in the Service and on our social media at least 30 days before they take effect.
• For minor changes, such as clearer wording or corrections that do not reduce your rights, we will post a notice at least 24 hours before they take effect.

If you do not agree to a change, you can stop using Umiki and ask us to delete your data before it takes effect. Changes required urgently by law or for security may take effect sooner, and we will tell you as soon as we can.

13. Disputes and governing law

If you have a problem with the Service, please contact [email protected] first: most issues can be resolved quickly this way. We will try in good faith to resolve it within 30 days, and either of us may then suggest mediation by an agreed neutral mediator.

These Terms are governed by the laws of the member state of the European Union in which One Live is established. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim in the courts of that country.

14. General

• If any part of these Terms is found to be invalid or unenforceable, the rest remains in effect.
• If we do not enforce a part of these Terms straight away, we can still do so later.
• You may not transfer your rights under these Terms. We may transfer ours to an organisation that takes over the Service, provided your rights are not reduced; we will tell you if this happens.
• These Terms, together with the One Live ID and One Live Network terms, are the whole agreement between you and us about Umiki.
• These Terms may be offered in several languages. If a translation conflicts with the English version, the English version applies to the extent the law allows.

15. Contact

Questions about these Terms: [email protected]. Privacy and data protection: [email protected].