Terms of Service
Terms of Service Agreement, Effective Oct 29, 2011
Welcome to the Services owned by PumpYouUp, Inc. ("PumpYouUp" "us" or "we"). These Terms of Service ("Terms") govern your use of PumpYouUp.com and material ("Services").
This is a legal agreement between PumpYouUp and you (acting as an "Artist" or "Listener"). If you email PumpYouUp a song ("track" "submission") for promotion, click to play or download a track from within the PumpYouUp.com website, you are acknowledging your acceptance to be bound by this agreement.
Downloads: Downloading content on PumpYouUp.com is intended for your noncommercial usage. We reserve all other rights to content, and you may not otherwise copy, reproduce, distribute, modify, sell, broadcast, or otherwise disseminate any content on PumpYouUp.com except for your personal, non commercial use.
Copyright: All of PumpYouUp.com materials within this site including (but not limited to) graphics, text, logos, audio clips, artwork, software, are the property of us, or Artists or our content providers and is protected by law.
Submissions: Artist represents and warrants that they have all rights necessary to grant to PumpYouUp the license below and that none of your tracks are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law. If Artist participates in illegal sharing of data, they assume any and all responsibility for their actions. Artists submitting tracks do so for promotional reasons and authorize us to promote Artist and tracks and grants us a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, reproduce, make available, transmit, broadcast, sell, and create derivative works of submissions, and Artist/track name, voice, likeness and other identifying information where part of an Artist submission, without limitation, for developing, manufacturing, and marketing products in process of promoting Artist; and all such products shall contain Artist/track credits. We respect Artist ownership of submissions and Artist will continue owning the track, subject to any rights granted in these Terms. If Artist requests removal of a submission from PumpYouUp.com, submission will be removed in a reasonable period of time required for handling the website changes. If Artist requests ending the promotional services of a submission, our promotional license to use submission will end at 3 months of notice. If Artist submission is shared with third parties, those third parties may have retained copies. If we make promotional use of Artist submission, we will continue to have right to make, duplicate, redistribute, and sublicense those pre-existing promotional uses. We may refuse or remove a submission without notice to you.
Infringement: If you, or a representative of the copyright holder of any work you believe is being infringed, contact us with details of the data being infringed so that the correct action can be taken.
Age: You must be at least 13 years of age or older to use this service. If you are under the age of 18 you should get your parent or guardian to review this terms of service and agree to its rules on your behalf.
Changes: We reserve the right to modify these Terms, at any time, effective upon the date we post a new set of Terms of Service. Your continued use of the website constitutes your binding acceptance of these new terms. If any part of these new terms or any future change to these terms is not acceptable, Artists may request that we remove their materials from our website by contacting us.
Indemnification: You will defend, indemnify, and hold harmless PumpYouUp, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns with respect to all claims, costs (including, without limitation, attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your breach of this Terms of Service agreement or use of the service (including, without limitation, use of your submission). PumpYouUp retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section without PumpYouUp's prior written approval.
Disclaimers and Limitation of Liability: By agreeing to this Terms of Service agreement you accept that your use of the PumpYouUp.com website and the services contained therein is at your own risk. The website, tracks, and materials are provided “as is” and without warranties of any kind either express or implied. PumpYouUp will make reasonable effort to ensure that the materials offered are free from viruses and our systems secure.PumpYouUp shall not be liable for any loss relating thereto. You acknowledge and agree that if you incur any damages that arise out of PumpYouUp acts or omissions, the damages, if any, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief restricting exploitation of any web site, property, product, program, or other audio/visual content owned or controlled by PumpYouUp, including without limitation the services (including those incorporating user submissions). You acknowledge that you may be waiving rights with respect to claims that are unknown or are unsuspected. You agree to waive the benefit of any law, including, to the extent applicable, California civil code § 1542, that otherwise might limit your waiver of such claims. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you.
Governing Law: This Terms of Service agreement shall be interpreted in accordance with the laws of the State of Texas, and the United States of America . These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. With respect to any disputes or claims not subject to arbitration (set forth below), you agree to exclusive jurisdiction in the state and federal courts in Texas. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms of Service within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
Arbitration: We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Dallas, Texas. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
If you do not agree to these terms, you should stop using this service. Any submissions made while using the services will continue to be governed by section "Submissions" of these Terms.