Senditright.me TERMS OF SERVICE
Senditright.me("Senditright.me") is provided by Danceandlove s.r.l., via Figlie dei Militari,1 bis, 10131,Torino, Italy. These terms of service govern your use of the Senditright.me. You may use the Senditright.me so long as:
(i) You have a Senditright.meaccount ("Account")
If you are under 18 you are only permitted to have an Account with access to the Senditright.me if your parent or guardian has assisted with, and consented to, the creation of the Account. If you are a parent or guardian, your responsibilities for your child Family Members are explained below.
For the purposes of these Terms of Service references to child Family Members also means Sub Accounts.
(ii) You comply with all applicable terms
If you fail to comply with these terms of service, including any additional terms (see below), we may take action against you as explained below including banning you from the Senditright.me. If banned, you will not be able to use services and/or Services you have paid for and you will not be given a refund.
Please read these terms of service carefully before you accept them. If there is any term that you do not understand please discuss it with our customer services before accepting these terms of service (for contact details please visit www.playstation.com/get-help/contact-us/).
Last updated: October 2017 (Version Number 9.0)
1. Senditright.me Accounts
An Account gives you access to a wide variety of online services and digital content both free and paid-for, including the Senditright.me, an online wallet (described below), software, paid services, feedback services,updates, firmware, fixes, new releases, subscriptions and more, all of which are referred to as "Services".
Available Services vary depending on which system you are using and some Services may not be available or supported in your country or preferred language.
2. Additional terms that apply
In addition to these terms of service, you must agree and comply with the:
(i) Senditright.me Privacy Notice;
(ii) Data Processing agreement;
These documents can be found at www.senditright.me/landing/terms.html,
Your access to some Services may also be dependent on you agreeing to additional terms notified to you by us or third parties. Your failure to comply with any of the additional terms referenced in this section will be a breach of these terms of service.
3. Your responsibilities for your Account
You must provide us with truthful and accurate information during Account registration and keep it up to date via Account management.
Use a strong password, which is different from any password you use for your other online services. If you sign-in to your Account on a system that may be accessed by others, ensure you sign-out from your Account at the end of each session.
You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your system and Account. This includes, keeping your Account details secret, such as your Account ID and password . You agree to notify us immediately if you have any reason to believe the security of your account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorised manner.
You are responsible for all use of your Account, including all purchases and online conduct (except where such use is directly due to our error). In particular, you may be liable for unauthorised usage of your Account as a result of failing to keep your information secure.
If you believe you have been a victim of crime in relation to the Senditright.me (including any fraudulent activity on your Account) you should immediately contact law enforcement and our customer services.
4. Your responsibilities for your child Family Members
You must be at least 18 years old to create an Account. If you are over 18 and a parent or legal guardian.
We recommend you monitor your children's use of the Senditright.me.
5. Code of conduct
When interacting with us or other users (who may be children), you and your child Family Member must behave lawfully, decently, respectfully and with consideration. This includes your use of any sharing or communication features available via the Senditright.me that allow you to share messages, comments, pictures, photographs, videos, game assets, game videos and other material or information and includes your communications with our customer services and other employees and agents via email, phone or other means.
Do not share anything that is vulgar or use community features to harm or alarm anyone;
Do not share anything that is defamatory or offensive (including anything racially, ethnically, religiously or sexually offensive);
Do not use or promote hate speech, violent behaviour or illegal substances;
Do not make threats of violence or promote violence, including threatening or promoting terrorism;
Do not act in a disruptive, threatening or bullying manner or impersonate or stalk anyone;
Do not spam or forward recommendations / offers to your contacts without their permission;
Do not cheat, exploit or use any bugs, glitches, vulnerabilities or unintentional game mechanics in the Software, the Senditright.me or any of its Services to obtain an unfair advantage;
Do not share, trade, phish for or harvest Account sign in details;
Do not use the Senditright.me or any of its Services for, or associate them with, any commercial activity;
Do not act in any manner that infringes privacy or intellectual property rights;
Do not carry out, or attempt or threaten to carry out, any activity that is against these terms of service or applicable law; and
Do use common sense and good manners at all times.
6. Senditright.me wallet and Credits
Your Account has an associated Senditright.me wallet.
Please be aware that:
(i) Approved payment methods to add Credits to your Senditright.me wallet vary from country to country and we may change the available payment methods at any time. When you ask us to top up your wallet you are purchasing a service which is provided to you immediately, so you can't change your mind and obtain a refund. The payment processor is Braintree Payments, (PayPal (Europe) S.à r.l. et Cie, S.C.A)
(ii) We may reject your request to register a payment method (e.g. a credit or debit card) to your Account and/or requests to add Credits to your Senditright.me wallet if we suspect fraud, your payment provider does not approve the transaction or for any other reason.
(iii) Your payment method details (in the case of a payment card, excluding your card's 3-digit security number) will be stored for your future use unless you delete them through your Account settings.
(iv) We may impose a minimum Senditright.me wallet top-up amount. Your payment provider may also limit the maximum amount of Credits you can add to your Senditright.me wallet in one go.
(v) You can only hold a certain maximum amount of Credits in your Senditright.me wallet at one time, which is reflected in the amount you are able to top up.
(vi) Once we have accepted a request made by you to add Credits to your Senditright.me wallet (including where we use your registered payment method to automatically fund your wallet with the minimum amount required to make your purchase or the minimum top-up amount, if greater) a contract is formed between you and us on these terms of service.
(vii) Your order to add Credits is complete as soon as we make them available in your Senditright.me wallet.
(viii) You expressly agree that we may make all the added Credits available to you immediately after we have accepted your payment and that, once made available, as far as permitted by law you will have no right to cancel or to a cooling-off period.
(ix) You must use Credits within 24 months of being added to your Senditright.me wallet.
(x) Senditright.me is not operating as a bank and the Senditright.me wallet is not a bank account.
(xi) Senditright.me wallet Credits have no value outside the Senditright.me, can only be used to buy Services sold by us, are redeemable for cash only for “Media Users”, are not your personal property and cannot be transferred to others.
(xii) We will only give a Submitter a refund of Credits if (i) we permanently close the Senditright.me (pursuant to section 16); (ii) your Account is closed following a change to these terms of service or the Software Usage Terms (pursuant to section 20); or (iii) required by law.
If a top up to your wallet is reversed by your payment service provider (e.g. your bank, credit card provider or PayPal), known as a "chargeback", you will owe us a debt equal to the amount of the chargeback. We will suspend access to the Senditright.me by your Account or console until that debt is repaid. We reserve the right to deduct Credits from your wallet to pay any debt owed by you to us.
7. Purchasing Services
When a Submitter or his child Family Members buy credits from Senditright.me using Credits in your Senditright.me wallet, including subscriptions, you are placing an order with us, even when accessing the Senditright.me via a third party website.
Submitter agrees we may deduct Credits from your Senditright.me wallet to pay for all orders placed using Submitter’s Account (including orders placed by your Child Family Members). Prices and Feedback fees are subject to change and promotions may be withdrawn at any time. Submitter must ensure that Submitter or his Child Family Members understand and accept the price, rating, compatibility and Service information displayed for Services before placing an order. This information may not be available in your preferred language. If you would like any clarification on this information, including information not available in your preferred language, please contact our customer services.
When placing an order:
(i) All purchases are made in the currency and at the price displayed when you order and are inclusive of any indirect taxes. Submitter must pay any import VAT and duties and bank or card charged that apply (if any).
(ii) We may choose to cancel or not to accept your order for any reason (including price errors).
(iii) Submitter’s order is only accepted by us on the earlier of: (a) when we send an email confirmation to the email address registered to Submitter Account (and the Account of Submitter’s child Family Member, if they have placed the order); and (b) when we make the Service (or any part of the Service) available to Submitter to use, download or stream.
(iv) Once we have accepted an order made via Submitter Account a contract is formed between you and us for your order on these terms of service.
(v) If we do not accept your order, any sums deducted from your Senditright.me wallet will be refunded to your Senditright.me wallet.
(vii) Subject to section 12, the Services you have purchased will be available to you trought the Website (viii) You purchase credits with which you can use the Services– see section 13. Other than this credits, you have no property, proprietary ownership, economic, or monetary interest in the Services you purchase.
All credits purchases are non-refundable except as stated in these terms of service,
Please be aware that if Submitter or his Child Family Members purchase a Service, including a free-to-use Service, it may include options to make in-app purchases of additional Services using the Senditright.me wallet. You agree to pay for all purchases made.
We may decide to withdraw a feature of the Senditright.me at any time. If we do so, we will endeavour to give you reasonable notice. In addition, where we sell Services which have an online mode, the publisher of that Service may decide to permanently shutdown a server hosting or supporting the online mode or to withdraw a specific features of the online mode. Where the publisher is us or an affiliated company, we will endeavour to give you reasonable notice of this. Where the publisher is a third party, we will ask them to do the same. Services for use in online modes may not be useable after Senditright.me features are withdrawn or servers are shutdown and will not be refunded.
Virtual Currency - Credits
Services you can buy from the Senditright.me or you can earn through Senditright.me include quantities of fictional currencies (“Credits”) for buy Services . You agree not to be involved in the sale, purchase, transfer or use Credits outside of Senditright.me for which they are purchased and Submitter shall not exchange or redeem Virtual Currencies for money or money's worth. As a result, you acknowledge that Virtual Currencies have no real world value as well as them are virtual. Virtual Currencies may expire and will not be usable after Senditright.me features are withdrawn and will not be refunded.
8. Use restrictions
Some Services available via the Senditright.me may have specific rules on how they may be used. For instance, when you purchase a Service (including a subscription service) you may be restricted to using the Service:
(i) in your country of residence only;
(ii) with the purchasing Account only;
(iii) during a limited period or periods only;
(iv) with certain compatible music audio files format and links,
(v) with a certain number of compatible devices (including Senditright.mesystems) that are associated with the purchasing Account only.
Any material restrictions will be outlined at the time of purchase. Please make sure you understand these restrictions before purchasing (if you want further clarification, including in respect of any wording not displayed in your preferred language, please contact our customer services). We reserve the right to limit the number of times that a compatible device may be activated or deactivated.
purchasing. If you want further clarification, including in respect of any information not displayed in your preferred language, please contact our customer services.
9. Intellectual property rights (including pirated software)
All intellectual property rights in Senditright.me and its Services belong to us and/or our licensors. All company, Service, and service names on the Senditright.me are trade names, trade marks or registered trade marks or service marks of their respective owners.
When you purchase a Service you agree that you are purchasing a licence to use that Service and you do not take ownership of the Service. Where the Service you purchase from us is Software (as defined by the Software Usage Terms), you are granted a licence to use that Software in accordance with the Software Usage Terms. For all other Services you purchase from us, you are granted a limited, non-exclusive, non-transferrable, personal licence to use such Services. Aside from this licence, we and/or our licensors reserve all rights, interests and remedies.
You have the opportunity to share with us and other users your text, messages, comments, pictures, photographs, voice, music, videos, game assets, game videos and game-related information and other materials through the Senditright.me ("UGM"). UGM created and shared by you belong to you but we and, where applicable, the relevant publisher of the Service still have intellectual property rights in your UGM so you must not commercially exploit UGM without our consent and the consent of the Service publisher.
Without payment to you, you authorise:
(i) us, our affiliates and other Senditright.me users, to use, distribute, copy, modify, display, and publish your UGM, your Senditright.me Online ID and, if you choose to use it, your real name throughout the Senditright.me and other associated Services and services such as websites associated to the Service; and
In addition you must not:
(i) share, sell, buy, transfer, rent or sublicense all or part of an Account (including Accounts of Child Family Members), an Online ID or any other Account credentials; or
(ii) disrupt, misuse, modify, adapt, translate, hack, crack, reverse engineer, decompile, or disassemble any Service or part of any Service (or any equipment, system or infrastructure used in connection with the Senditright.me) for any reason unless expressly permitted by applicable law; or
(iii) create any derivative works, attempt to create the source code from the object code, or download a Service or any part of any Service for any purpose not authorised by us; or
(iv) scrape, copy, reproduce, communicate to the public or transmit, use for public performance or exploit any Service or part of any Service including any information accessed via or in connection with the Senditright.me; or
(v) use or make available unauthorised hardware or software to access or interact with the Senditright.me or its Services (including any cheat code or devices that circumvent security features or limitations); or
(vi) bypass or attempt to bypass any user authentication system or security features unless expressly permitted by law; or
(vii) introduce code, content or communications that could be harmful to us, our licensors or other users, such as any virus, worm, spyware or time bomb; or
(viii) use stolen or illegally acquired hardware, software, Accounts, Account credentials, Virtual Currencies or Services.
10. Use of your Personal Information
We reserve the right in our sole discretion to monitor and record (or engage a third party to monitor or record) any or all of your activity and to remove any materials that you share at our sole discretion, without further notice to you. This may include information such as the content of your music, your website, third party contents, the time and location of your activities, and your name, your Senditright.me Online ID and IP address. We may also receive information about your activity on the Senditright.me from other users. Any information collected in this way, may be used by us or our affiliated companies to enforce these terms of service, to comply with the law, to protect our rights and those of our licensors and users, and to protect the personal safety of our employees, contractors and users. This information may be passed to the police or other appropriate authorities. Please note that we cannot monitor all Senditright.me activity and we make no commitment to do so.
Do not give out your personal information on the Senditright.me, including but not limited to: phone numbers, email addresses, physical addresses, etc.
11. Software updates and how these may affect you
You agree that we can automatically upload updates to your Senditright.me system when you connect your system to the internet and/or sign into your Account to ensure that your system is functioning properly in accordance with these terms of service and/or to improve functionality or features
You agree that these updates may:
(i) update your Senditright.me system's operating system and other software, and may change or remove certain features or functionality;
(ii) cause loss of data, and to ensure such loss is not permanent you should archive any personal photos, music, video or other data stored on your Senditright.me system; and
(iii) be used by you subject to these terms of service.
You agree you will not be entitled to a refund in respect of any changed or removed features or functionality, or any loss of data, relating to a software update.
12. Maintenance or closing the Senditright.me
We may take down the Senditright.me and/or any of its Services at any time for any duration and for any reason, including for investigation of any security incident and for carrying out system maintenance and upgrades. If the entire Senditright.me is permanently closed, you will be able to obtain a refund on request for your unused wallet Credits and any unexpired period of your subscriptions. You will not be entitled to a refund for any unused Virtual Currency or other Services.
13. Closing your Account
You may close your Account by contacting us using the details below. We may close your Account if it has not been used for at least 24 months. In both cases, we will not provide you with a refund of your unused wallet Credits and unexpired periods of your subscriptions unless we are required to do so by law. After your Account is closed, you will not be able to access the Senditright.me nor use the Services purchased with that Account.
14. Protecting the Senditright.me (including failure to comply with these terms of service)
If there are reasonable grounds on which to conclude that you, one of your child Family Members or any Account that you permit to use your console has breached these terms of service, brings the Senditright.me into disrepute, is involved in fraudulent activity, or we believe that your Account has been hacked or otherwise compromised, we may take any actions we believe are reasonable in the circumstances to protect our interests and those of other users. In particular, we may:
(i) reset the password for your Accounts (including the Accounts of your child Family Members);
(ii) upload updates to your Senditright.mesystem intended to discontinue unauthorised use;
(iii) stop or suspend any subscriptions associated with your Accounts (including the Accounts of your child Family Members);
(iv) stop or suspend access to all or any part of the Services available via the Senditright.me;
(v) ban your Accounts (which will include all of your child Family Members), temporarily or permanently;
(vi) ban access to the Senditright.me from any Senditright.mesystem that you use, temporarily or permanently; and/or
(vii) bring, initiate and/or participate in government, criminal and/or private legal action against you.
While your Account(s) and/or Senditright.mesystem is banned, you will not be able to use the Services that you have paid for. We will not provide you with a refund of your unused wallet Credits and unexpired periods of your subscriptions unless we are required to do so by law. If your Account is banned, you may still need to contact customer services if you do not wish to renew your subscriptions.
A failure or delay in taking action in response to any breach(es) is not a waiver of any of our rights or remedies and we may still take action in response to such breach(es), or any other breach, at a later date.
15. Our liability
We are not liable for any payment process that is made by third party application (such as Paypal, Braintree etc.);
We are not liable for any feedback or comment or action made by any user inside the Senditright.me system and services;
We are not liable for any publication or make public share of any content through Senditright.me, if any user shares private content he does it at his own risk and liability;
We are not liable for any Service problem or misuse or issue, we do not grant an uptime for our Service;
We are not liable for any plagiarism or any misappropriation of intellectual property of third party that may occur for some Users;
16. Changes to our contracts with you and our right to transfer our contracts with you
We may make changes to these terms of service from time to time. If the changes are material changes, we will ask you to accept a new version of these terms of service. If the changes are minor changes, we will either ask you to accept a new version or give you reasonable notice of the changes, for example by a posting when you sign in to the Senditright.me, by Senditright.me message or by email to the email address registered to your Account.
You will not be able to continue to use the Senditright.me or the Software you've previously purchased unless you agree to all changes. If you do not accept a change to these terms of Service or to the Software Usage Terms, please contact us to close your Account. In these circumstances, you will be given a refund of any unused wallet Credits.
We may transfer our rights and obligations under these terms of service and any contracts between you and us governed by these terms of service without your consent at any time. However, we will notify you to let you know if we plan to do this. If you are unhappy with the transfer you may close your Account in accordance with section 17. You may not transfer your rights and obligations under these terms of service or your contracts with us on these terms of service.
17. Governing law, jurisdiction and third party rights
As far as permitted by law, you and we agree these terms of service, their subject matter and formation and any disputes relating to the same shall be governed by and construed and interpreted in accordance with Italian law and that the courts of Italy, Court of Turin will have exclusive jurisdiction.
Danceandlove s.r.l. has the right under the law to enforce any term in these terms of service that benefits Senditright.me , Danceandlove. Otherwise, no one other than a party to these terms of service, their successors and permitted assignees shall have any right to enforce any of the terms. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under these terms of service are not subject to the consent of any other person.
18. Our company and contact details
We are Senditright.me I Danceandlove s.r.l. Via Figlie dei Mlitari, 1 bis, 10131 Torino, Italia. You can contact us at this address or at:[email protected]