Terms & Conditions

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll var you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Changes to Terms or Services

Who May Use the Services

Eligibility

If you are 13 years or older and not barred from using the Services under applicable law, you may use the free features of the Services. In order to use the Paid Services (as defined below), you must be 18 years or older, capable of forming a binding contract with Pump Your Sound, and not barred from using the Services under applicable law.

Registration and Your Information

If you want to use certain features of the Services you’ll first need to register with SoundCloud to create a SoundCloud account (“SoundCloud Account”) and then register with us to create a Pump Your Sound account (“Account”). We’ll extract from your SoundCloud Account certain personal information, such as your name, location information and other general information that your privacy settings on the SoundCloud Account permit us to access. After you create an Account, you may connect your Account with your other accounts with third-party social networking services such as Facebook, Instagram, Spotify, Twitter or YouTube (each, an “SNS Account”), and we’ll extract from your SNS Account certain information that your privacy settings on the SNS Account permit us to access. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

How do the Services Work

Using the Services

Through use of the Services, Account holders may build a profile page (the “Page”) and embed, post and upload User Content and post reviews and comments (the “Comments”) on the Page of other Account holders. You acknowledge that the Comments, together with your username, the thumbnail version of the photo uploaded by you on your Page and a link to your Page may be visible on the Services, so please exercise discretion and good judgment when posting Comments.

Payment

Pump Your Sound’s fees for Paid Services/Donations/Reward are available on the Site and will be paid in 45 days after delivering withdraw request. You will make payment to us through credit card, or PayPal or any other payment service providers that we may opt to use (“Payment Service Providers”) to collect and process payments. You authorize Pump Your Sound or any Payment Service Providers to charge your accounts for the subscription fees for the Services. All fees or payments that you make pursuant to these Terms are non-refundable, even if you cancel your Account.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@pumpyoursound.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Privacy Policy

This privacy policy sets out how Paradise Audio s.r.o. uses and protects any information that you give Paradise Audio s.r.o. when you use this website.

Paradise Audio s.r.o. is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Paradise Audio s.r.o. may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1.1.2018.

What we collect

We may collect the following information:

Name, country, contact information including email address
other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping (for 10 years – to store your digital products under your account).
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info[at]waproduction.com

You have right to ask us to:

provide you info that we store about you
edit this info accordingly to your needs
delete the info
limit how we can use your personal data
transfer the info / personal data
object to data processing

You can reach us at any time at info[at]waproduction.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please write to info[at]waproduction.com

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Deleting your personal information

You can reach out to us at any time at info[at]pumpyoursound.com and request a deletion of your personal details. We will then proceed yout request within 2-4 working days.

Content and Content Rights

For purposes of these Terms: (i) “Content” means data, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

Connecting with Artists

Through use of our Services you will be able to access and interact with content provided by Artists including any data, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services by Artists ('Artist Content'). Artists will be able to engage with your privately through the use of the Site, email, social media, mobile devices, and any other methods if you have interacted on the Artist's page or have subscribed or followed that Artist through interacting with Artist Content. Pump Your Sound is not responsible for and accepts no liability in relation to your private communication and share of information with any Artist. Please exercise discretion and good judgement when you submit or post content, when interacting with Artists and others, and when giving away personal or other information to Artists and others.

Content Ownership, Responsibility and Removal

Pump Your Sound does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing and with exception of User Content, Pump Your Sound and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the Czech and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to Pump Your Sound a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publish, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms, including any appropriate licenses from rights management organizations; and (ii) you have paid any required royalties or fees for the rights to use such User Content and to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Pump Your Sound on or through the Services will infringe, misappropriate or violate a third party’s rights, including intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it using the features of the Services. However, in certain instances, some of your User Content may not be removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Pump Your Sound

Subject to your compliance with these Terms, Pump Your Sound grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

General Prohibitions

You agree to not do any of the following:

1. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) promotes political campaigning;

2. Use, display, mirror or frame the Services or any individual element within the Services, Pump Your Sound’s name, any Pump Your Sound trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Pump Your Sound’s express written consent;

3. Access, tamper with, or use non-public areas of the Services, Pump Your Sound’s computer systems, or the technical delivery systems of Pump Your Sound’s providers;

4. Attempt to probe, scan or test the vulnerability of any Pump Your Sound system or network or breach any security or authentication measures;

5. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Pump Your Sound or other generally available third-party web browsers;

6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

7. Use any meta tags or other hidden text or metadata utilizing a Pump Your Sound trademark, logo URL or product name without Pump Your Sound’s express written consent;

8. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

13. Impersonate or misrepresent your affiliation with any person or entity;

14. Violate any applicable law or regulation; or

15. Encourage or enable any other individual to do any of the foregoing.

Pump Your Sound’s Enforcement Rights

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including your User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

Pump Your Sound respects copyright law and expects its users to do the same. It is Pump Your Sound’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Please see Pump Your Sound’s DMCA policy for further information.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at info@pumpyoursound.com Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Feedback”, “Privacy Policy”, “Content and Content Rights”, “Content Ownership, Responsibility and Removal”, “General Prohibitions”, “Pump Your Sound’s Enforcement Rights”, “DMCA/Copyright Policy”, “Links to Third Party Websites or Resources”, “Warranty Disclaimers”, “Indemnity”, “Limitation of Liability”, “Dispute Resolution” and “General Terms”.

Indemnity

You will indemnify and hold harmless Pump Your Sound and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability

PUMP YOUR SOUND WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR CONTENT, OR FROM ANY COMMUNICATION, INTERACTION OR MEETING WITH OTHER ACCOUNT HOLDERS, VISITORS OF THE SERVICES, OR THIRD PARTIES YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PUMP YOUR SOUND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL PUMP YOUR SOUND’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO PUMP YOUR SOUND IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILTY OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PUMP YOUR SOUND, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PUMP YOUR SOUND AND YOU.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the Czech Republic without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Pump Your Sound agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the teh Czech Republic and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Pump Your Sound are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Pump Your Sound otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the Česká Asociace pro Arbitráž (“ČAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “ ČAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The ČAA Rules are available at http://www.spory-online.cz/) The Česká Asociace pro Arbitráž will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the ČAA Rules. (The ČAA provides a form Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the ČAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the ČAA will appoint the arbitrator in accordance with the ČAA Rules.

Arbitration Location and Procedure

Unless you and Pump Your Sound otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Pump Your Sound submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the ČAA Rules. Subject to the ČAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the ČAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Pump Your Sound will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any ČAA filing, administrative and arbitrator fees will be solely as set forth in the ČAA Rules. However, if your claim for damages does not exceed $75,000, Pump Your Sound will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose.

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Pump Your Sound changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@pumpyoursound.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Pump Your Sound’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Pump Your Sound in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms and any additional terms for Paid Premium Features (the “Additional Terms”) constitute the entire and exclusive understanding and agreement between Pump Your Sound and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pump Your Sound and you regarding the Services and Content.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Pump Your Sound’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Pump Your Sound may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Pump Your Sound under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Pump Your Sound’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pump Your Sound. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Description of the Platform

Selected artists/users of the Platform may submit, upload and post audio, text, photos, pictures, graphics, comments, and other content, data or information (“Content”), which will be stored by Pump Your Sound at the direction of such users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen to and share Content uploaded and made available by registered users.

We may, from time to time, release new tools and resources on the Website, release new versions of our Apps, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.

Your Use of the Platform

Subject to your strict compliance with these Terms of Use and our Community Guidelines, Pump Your Sound grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Platform in order to view Content uploaded and posted to the Website, to listen to audio Content streamed from the Platform and to share and download audio Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Uploader”).

In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Use and our Community Guidelines, Pump Your Sound grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to:

1. submit, upload or post Content to the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Website from time to time;

2. participate in the community areas and communicate with other members of the Pump Your Sound community strictly in accordance with these Terms of Use and our Community Guidelines; and

3. use or Apps and other Services provided as part of the Platform strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services from time to time.

The above licences are conditional upon your strict compliance with these Terms of Use and our Community Guidelines, including, without limitation, the following:

1. You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download in circumstances where the relevant Uploader has elected to permit downloads of the relevant item of Content.

2. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is Your Content, or (ii) as permitted under these Terms of Use, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licences selected by the Uploader).

3. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.

4. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

5. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.

6. You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).

7. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.

8. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

1. any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Pump Your Sound’s reasonable discretion;

2. any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

3. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Pump Your Sound’s reasonable opinion;

4. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or

5. any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation.

9. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.

10. You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.

11. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

12. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any employee of Pump Your Sound

13. You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.

14. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

15. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Pump Your Sound or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Pump Your Sound’s servers, system or network or attempt to breach the drop’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking Pump Your Sound’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Pump Your Sound under these Terms of Use, Pump Your Sound’s reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that Pump Your Sound has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

Your Content

Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Pump Your Sound’s .

Pump Your Sound does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.

We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Pump Your Sound shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

Grant of License

By uploading or posting Your Content to the Platform, you initiate an automated process to transcode any audio Content and direct Pump Your Sound to store Your Content on our servers, from where you may control and authorise the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for Pump Your Sound to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use and/or to enable your use of the Platform, you hereby grant such licences to Pump Your Sound on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.

By allowing Pump Your Sound to upload Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, licence to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilising the features of the Platform from time to time, and within the parameters set by you using the Services. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and to users of Linked Services, at any time using the settings on the sound page for each sound you upload, subject to the provisions of the

Disclaimer section below. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture) (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks.

The licences granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licences with respect to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account. Licences with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.

Removal of audio Content (with notification) from Pump Your Sound’s back end will automatically result in the deletion of the relevant files from Pump Your Sound’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, Pump Your Sound is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content.

Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.

Representations and Warranties

You hereby represent and warrant to Pump Your Sound as follows:

1. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in order to use, and (if and where relevant) to authorise Pump Your Sound to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Website, any and all Services and any Linked Services.

2. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.

4. Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.

5. Your Content does not and will not create any liability on the part of thedrop, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

Pump Your Sound reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

Liability for Content

You hereby acknowledge and agree that Pump Your Sound (i) stores Content and other information at the direction, request and with the authorisation of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Pump Your Sound excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that Pump Your Sound cannot and does not review the Content created or uploaded by its users, and neither Pump Your Sound nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

Pump Your Sound and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Pump Your Sound or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Reporting Infringements

If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using any of the methods outlined on our Copyright Information pages.

If you would prefer to send us your own written notification, please make sure that you include the following information:

1. a statement that you have identified Content on Pump Your Sound that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;

2. a description of the copyright work(s) that you claim have been infringed;

3. a description of the Content that you claim is infringing and the Pump Your Sound URL(s) where such Content can be located;

4. your full name, address and telephone number, a valid email address on which you can be contacted, and your Pump Your Sound user name if you have one;

5. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email at info [at] pumpyoursound.com In all other cases, if you discover Content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use, our Community Guidelines or applicable law, please report this to us at info [at] pumpyoursound.com

Third Party Websites and Services

The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).

Pump Your Sound does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Pump Your Sound does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Pump Your Sound with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

Pump Your Sound disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Pump Your Sound with respect to the content or operation of any External Services.

Blocking and Removal of Content

Notwithstanding the fact that Pump Your Sound has no legal obligation to monitor the Content on the Platform, Pump Your Sound reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, our Community Guidelines or applicable law, or is otherwise unacceptable to Pump Your Sound.

Please also note that individual Uploaders have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and Pump Your Sound shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by Pump Your Sound or the relevant Uploader.

SC Scheduler Privacy Policy

Information we automatically collect
There is certain information that we collect automatically as the result of your visit of the Website, or through the use of Google Analytics services, even if you are not using the Service. This information includes:

- the Internet Protocol (IP) address of the device from which you access the Platform (this can sometimes be used to derive the country or city from which you are accessing the Platform)

- the site that you visited immediately prior to visiting the Website

- the specific actions that you take on the Platform, including the pages that you visit

- the time, frequency and duration of your visits to the Website

- your browser type and operating systém

- the nature of the device from which you are accessing the Website, for example, whether you are accessing the Website from a personal computer or from a mobile device

- informations collected through cookies and similar technology

Use of collected data
We use the information we collect to analyze the efficiency of the Website, the people visiting the Website and in order to improve the Website. All the collected information are used to build our web analytics service. We only use web analytics to understand the traffic and sources. We use the information you provide to us when you contact us per email to respond to you about any comment or enquiry you have submitted. The data concerning the User is collected to allow the Application/Website to provide its services. Google Analytics is a service offered by Google that generates detailed statistics about a website’s traffic and traffic sources and measures conversions and sales. It’s the most widely used website statistics service.

Access to your SoundCloud account
Due to the nature of the Service, and the way SoundCloud API works, when you log in through SoundCloud to use the Service, a token is made available to the Application in order to use your SoundCloud account. This token is stored in our database to be able to perform actions on behalf of your account at any time. These actions however, are limited to what you want to schedule (e.g repost a track or like a track) and nothing more. We will never use your SoundCloud account to perform actions you did not approve. As this token is extremely powerful, we do everything we can to protect it from a potential data breach and to keep it secure.

Sharing your personnal information
We will not share your personal information with any third party. There are circumstances where we may need to share some of the personal information we collect about you or which you provide to us - these circumstances are as follows:

- With your consent: We will disclose your personal information if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect your information.

- If required by law: We will disclose your personal information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.

- To protect our interests: We may disclose your personal information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our employees, directors or shareholders.

- In the context of a business transfer: We may transfer your personal information to any person or company that acquires all or substantially all of the assets or business of Artist Engine, or on a merger of our business, or in the event of our insolvency.

Users' rights
Users have the right at any time to know whether their Personal Data has been stored and can consult these data by contacting us. If needed, data can be updated or taken down by the Users, just by contacting us.

Revocation
Users can revoke your access to our Service by contacting us. We will then destroy every data we own concerning the User, but past schedules won't be reverted. You can also de-authorize our application through SoundCloud permissions page.

Services / Promotion services

Pump Your Sound is providing promotion of tracks via social media channels. By visiting "promotion" section, you can order promotion on various social media profiles including newsletters and video uploads. Be sure to first submit your track to submit@pumpyoursound.com before ordering.

Pump Your Sound (Paradise Audio s.r.o.) only operates W. A. Production label in the Promotion section and is not liable for any harms, damages or other issues caused by other labels that are presented in the promotion section (eg.: Talent Stage, On Point Network, Mix Feed, Bangerang Network, FLP Family, Karma Pool Records and others). Pump Your Sound collects payments that are being resend to the Labels in a real time. Pump Your Sound do not manage the payments in any way and is only taking percentage from these payments, which is being considered and agreed as an affiliate reward (for allowing labels to be visible in the Promotion section).

Notwithstanding the fact that Pump Your Sound has no legal obligation to monitor the results of promo services and promo services themselves provided by other labels.

Repeat Infringers

Pump Your Sound will suspend or terminate your access to the Platform if Pump Your Sound determines, in its reasonable discretion, that you have repeatedly breached these Terms of Use or our Community Guidelines.

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behaviour is inappropriate and violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Pump Your Sound at its discretion.

Refund Policy

Our customer's satisfaction is extremely important to us. We will endeavor to digitally deliver 100% of Pump Your Sound customer orders.

Due to the nature of our products (non tangible irrevocable goods), all digitally delivered products from Pump Your Sound that have been digitally shipped to the customer are not eligible for return or refund. The customer though may at any time cancel their order before payment has been processed. We recommend checking any previous orders before completing a transaction to confirm you do not purchase any Pump Your Sound product / promotion twice. Any duplicate orders will not be eligible for a refund due to the nature of our products.

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