TERMS OF USE

INTRODUCTION

Pumpsoundz.com is a professional networking service for artists, performers and events promoters that allows members to createunique personal profiles online, upload, organize and broadcast their artwork. The services offered by Pumpsoundz.com, are provided by NokéWeb, a french company based in France (77, rue du faubourg Saint-Martin, 75010 – Paris France). Pumpsoundz.com is hosted on servers based in France.

1 ACCEPTING THE TERMS

1.1 By browsing the pumpsoundz.com Website or by becoming a member of pumpsound.com, you acknowledge and agree that the following Terms of Use constitute a legally binding agreement (hereinafter the “Terms of Use”) between you (hereinafter the “User”) and NokéWeb S.A.R.L (hereinafter “Pumpsoundz”) in relation to your use of pumpsoundz.com Website and any services that Pumpsoundz provides through its Website.
1.2 The Terms of Use set out in this document, are available on the website http://www.pumpsoundz.com in a numeric format that allows their saving and printing by the User.
1.3 The contract also the pumpsoundz's Privacy Policy (available at http://www.pumpsoundz.com/personal.php).
1.4 In contracting with PumpSoundz, the User, artist or organizer, agree to, first-of-all, using the PumpSoundz services as a professional and secondly, that these services are in direct link with his professional activity. Consequently, the right of withdrawal provided for by Article L.121-16-1 of the Consumer Code does not apply to this contract.

2 USER’S ACCOUNT

2.1 Pumpsoundz helps you to create a professional network by allowing you, after validation of your registration, and publication of your profile, to benefit from the services provided by Pumpsoundz, as well as from customers and the commercial reputation of Pumpsoundz.
2.2 To be a member of Pumpsoundz, you must be an adult and fill in all the mandatory fields on the registration forms.
2.3 Once registered, you will be given one or several personal and confidential login(s) and password(s). These must not be communicated to or shared with third parties. In no case will Pumpsoundz be held responsible for the loss of your usernames and/or passwords.
2.4 You guarantee that the data you share with us is accurate and true. You agree to provide a real email address, of which you are the actual owner.
2.5 Pumpsoundz does not have the means to check the identity of people registering for its services. Pumpsoundz will not be held responsible for any alleged or actual identity theft. If you think that someone is using your account or your identity, you must inform us immediately from the contact form: http://www.pumpsoundz.com/contact.php.

3 USE OF PUMPSOUNDZ.COM

3.1 You represent, warrant and covenant the following:
3.1.1 Not to distribute or post any data or contents that may harm other users or third parties, or violate the rights of others, or any content of a defamatory, insulting, obscene, offensive, violent nature or capable of inciting others to violence, nor content of a political, racist or xenophobic nature, or any other content that is contrary to the purpose of Pumpsoundz, or any applicable laws and regulations, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. To comply with the applicable laws in force and to respect the rights of third parties as well as the present provisions.
3.1.2 Not to send Pumpsoundz or other users any data or private information which if disclosed could be prejudicial to you.
3.1.3 Not to distribute data or contents that are untrue or misleading.
3.1.4 You own, or you have the right to grant the licence for the content posted by you on or through the Pumpsoundz Services. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any content posted by you on or through the Pumpsoundz Services.
3.1.5 To deal in good faith with Pumpsoundz and other users.
3.1.6 To use Pumpsoundz features only for their intended purpose.
3.1.7 Not to overload the Pumpsoundz service. Specifically, not to load more than 1,000 Pumpsoundz pages per day without our written consent.
3.1.8 Not to distribute data or contents the effect of which is to diminish, disorganize, prevent the normal use of Pumpsoundz.
3.1.9 Answer to any booking request sent by Pumpsoundz.
3.2 The Pumpsoundz Services are for the personal use of Members and may be used for promotional purposes as well.
3.3 Direct commercial endeavors may only be used if they are specifically endorsed or authorized by Pumpsoundz.
3.4 Pumpsoundz reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Pumpsoundz Services, including collecting usernames, userid numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Pumpsoundz Website, or employing third party promotional sites or software to promote profiles for money, is prohibited.
3.5 Pumpsoundz may reject, refuse to post or delete any content for any or no reason, including content that in the sole judgment of Pumpsoundz violates these Terms of Uses. In particular, Pumpsoudz reserves the right to terminate the contract unilaterally and without prior notification, to block the account(s) of the members in question, to automatically delete litigious contents, to prevent the posting of all or part of a member's profile, and/or to block their access to all or part of the services, on a temporary or permanent basis, without any compensation.
3.6 Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges.
3.7 Pumpsoundz may withdraw any direct commercial action, not expressly authorized by Pumpsoundz, as well as any commercial content, such as commercial advertisements, affiliated links and any other form of unauthorized solicitation of the User's profile without notification nor explanation.

3.A Classical Artist Profile
3.A.1 Classical Artist Profile permits to the User:
3.A.1.1 Display his biography;
3.A.1.2 Display his native country;
3.A.1.3 Display his avabilities;
3.A.1.4 Display his style of music;
3.A.1.5 Display his scene references, his discography, his soundclouds and his videos;
3.A.1.6 Subscribe to our newsletter and to our partners « good deals ».

3.B Premium Artist Profile
3.B.1 Premium profile contains all the classical profil advantages. The following bonus features are added:
3.B.1.1 User profile contains additional data;
3.B.1.2 User appears in the public section (his profil can be also selectioned and can appears on the home page);
3.B.1.3 User appears in the search tool;
3.B.1.3 User can be contacted by event organizers;
3.B.2 Premium Artist Profile is available for the price displayed on the PumpSoundz website. The price also appears in the subscription form for a period of one year, non-renewable by tacit agreement.
3.B.3 PumpSoundz invite by e-mail the Premium Profil Artist User to renew his subscription one month before the expiration of it.

3.C Event Organizer Profile permits:
3.C.1 To contact the Premium Artists as well as the PumpSoundz team through the available tools;
3.C.2 To subscribe to our newsletter and to our partners « good deals ».

4 INTELLECTUAL PROPERTY

4.1 The trademarks, logos, graphics, photographs, animations, videos and texts included on the Pumpsoundz Website are the intellectual property of Pumpsoundz or its partners and may not be reproduced, used or represented by third parties without the express authorization of Pumpsoundz or they will be prosecuted.
4.2 Usage rights are only granted by Pumpsoundz under digital format on the User computer for the purpose of viewing the pages accessed by the User browser. Hard copy printing is authorized for exclusive private purposes. Any other use is prohibited without the prior written consent of Pumpsoundz.
4.3 It is specifically prohibited for the User to modify, copy, reproduce, download, distribute, transmit, commercially exploite and/or distribute in any manner whatsoever the services, pages from the www.Pumpsoundz.com website or the computer codes of the items making up the services and the www.pumpsoundz.com site.
4.4 When the User integrates any kind of contents (load or post) on his pumpsoundz.com’s profile, he grant to Pumpsoundz, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the provision of the Services and otherwise in connection with the provision of the Website and Pumpsoundz's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
4.5 You expressly authorize Pumpsoundz to modify the aforementioned content to respect the graphic appearance of the www.pumpsoundz.com site or other communications media cited above and/or make it compatible with its technical performance requirements or the formats of related media.
4.6 This limited license does not grant Pumpsoundz the right to sell the User content.
4.7 After the User remove his content from the Pumpsoundz Website we will cease distribution as soon as practicable.
4.8 When distribution ceases, the license will terminate.

5 LIABILITY

5.1 The User is solely responsible for the content that he posts on or through any of the Pumpsoundz Services.
5.2 The User is solely responsible for ensuring that all content that he has posted on or through any of the Pumpsoundz Services, and any material or information that the User transmits to other Users, conforms to all applicable data protection and privacy laws, including ensuring that the User has obtained the prior consent of any and all individuals whose personal information the User use and/or disclose on or through Pumpsoundz.
5.3 Limitation of liability. Pumpsoundz shall not be liable to the User for:
5.3.1 Any indirect or consequential losses which may be incurred by the User. This shall include any loss of profit (whether incurred directly or indirectly), any loss of good will or business reputation, or any loss of data suffered by the User;
5.3.2 Any loss or damage which may be incurred by the User as a result of:
5.3.2.1 The User failure to provide Pumpsoundz with accurate account information;
5.3.2.2 The User failure to keep its password or Pumpsoundz account details secured and confidential.
5.3.2.3 The deletion of, corruption of, or failure to store, any User’s content and other communications data maintained or transmitted by or through the User use of the Services;
5.3.2.4 In the event of the non receiption of the service messages that Pumpsoundz could have sent to the User;
5.3.2.5 Any changes which Pumpsoundz may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
5.4 The User agrees to indemnify Pumpsoundz for any loss of customer or commercial notoriety resulting from a failure to respond to an performance request sent by Pumpsoundz.
5.5 The User acknowledges that the features and limitations of the Internet do not make it possible to guarantee the security, availability and integrity of Internet data transmissions. Pumpsoundz does not guarantee that the services will function without any interruption or error. Specifically, their operation may be momentarily interrupted for reasons of maintenance, update or technical improvement, or for the upgrade their content and/or presentation. The User waive the right to hold Pumpsoundz responsible for the operation and exploitation of the www.Pumpsoundz.com Website.
5.6 The limitations on Pumpsoundz's liability above shall apply whether or not Pumpsoundz has been advised of or should have been aware of the possibility of any such losses arising.

6 TERMINATION

6.1 The contract concluded in application of the present Term of Use will be resolved by right to the exclusive fault of the User:
6.1.1 In case of violation of these present Term of Use;
6.1.2 In case of fraudulent use or contrary to their destination of the elements of identification provided to the User at the time of his inscription;
6.1.3 In case of misuse of the services or contents of the Pumpsoundz site. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Pumpsoundz Services or are a Member.
6.2
6.3 The User having a Classic Artist Profile may terminate his membership at PumpSoundz at any time by notifying PumpSoundz, closing his PumpSoundz account and ceasing to use the Pumpsoundz.com site.
6.4 Pumpsoundz may terminate the membership of a User with a Classic Artist Profile at any time in notifying the User.
6.5 The User with a Premium Artist Profil may terminate his membership at Pumpsoundz with a prior notice of at least one month before the anniversary date of membership of the Premium Artist Profile by notifying Pumpsoundz, by closing his Pumpsoundz account at the expiration of the notice and ceasing to use the Pumpsoundz.com site.
6.6 Pumpsoundz may terminate the membership of a User with a Premium Artist Profile in notifying the User at least one month before and in closing his PumpSoundz account at the end of the notice expiration.
6.7 In case of the cancellation of the membership of the User having a Premium Artist Profile, Pumpsoundz refunds him the amount of the overpayment of his subscription.
6.8 In the case of a Premium Artist Profile, the period of notice may be increased at the request of the party which is not responsible of the termination because of the established character of the commercial relationship within the meaning of Article L.442-6-I-5 ° of the Commercial Code.

7 APPLICABLE LAW – CHOICE OF JURISDICTION

7.1 These terms and conditions are governed, interpreted and applied according to French law, and the version in the French language will be used in the case of any dispute or claim arising from the meaning of any term or these Terms of Use.
7.2 Subject to applicable law, the courts of the place of the registered office of Pumpsoundz shall have exclusive jurisdiction for any claim or dispute arising from these terms and conditions including, but not limited to, their interpretation, validity, execution, termination and/or the consequences thereof.