TERMS OF USE

INTRODUCTION

Pumpsoundz.com is a professional networking service for artists, performers and events promoters that allows members to create unique personal profiles online, upload, organize and broadcast their artwork. The services offered by Pumpsoundz.com, are provided by Pumpsoundz S.A.R.L company, a french company based in France (66, Avenue des Champs Elysées 75008 – 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 Pumpsoundz 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 This Agreement is made up of (A) the Terms of Use set out in this document, and (B) the pumpsoundz's Privacy Policy (available at http://www.pumpsoundz.com/legal/personal.php) collectively called the “Terms of Use”.

1.3 If you do not agree to be bound by this Agreement or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the Pumpsoundz Website and discontinue use of the Pumpsoundz services immediately.

1.4 Pumpsoundz reserves the right at any time to change or modify the pages of its website, the services, and/or Terms of Use applicable thereto. These modifications shall become effective as soon as they are put online on the www.pumpsoundz.com site. Users are therefore invited to view the most recent online version on the site. A User's presence on the site implies their full acceptance of any revision or modification of the www.pumpsoundz.com site.

2 USER’S ACCOUNT

2.1 To be a member of Pumpsoundz, you must be an adult and fill in all the mandatory fields on the registration forms.

2.2 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. You waive any claim and/or legal action against Pumpsoundz if you do not to receive service messages from Pumpsoundz sent by email to the address you have provided.

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 In the event that you misuse the login and authentication logins/passwords, Pumpsoundz reserves the right to terminate your account without prior notice. You will be solely liable for the use of the login and authentication logins/passwords by third parties or for actions or statements made through your account, whether fraudulent or not. You hereby agree indemnify Pumpsoundz against any claim, fine or damages resulting from such misuse.

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.

2.6 Pumpsoundz helps you to build a professional network. By creating an account, and if your profile is published on the Pumpsoundz Website, you warrant to answer to any booking request sent by Pumpsoundz. Should the opposite occur, you agree to indemnify Pumpsoundz for any loss of goodwill or business reputation.

3 USE OF PUMPSOUNDZ

3.1 You represent, warrant and covenant :
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.

3.2 The Pumpsoundz Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Pumpsoundz.  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.  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.  Pumpsoundz reserves the right to take appropriate legal action for any illegal or unauthorized use of the Pumpsoundz Services.

3.3 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.

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 your computer for the purpose of viewing the pages accessed by your browser. Hard copy printing is authorized for exclusive private purposes. Any other use is prohibited without the prior consent of Pumpsoundz.

4.3 You are specifically prohibited from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and/or distributing 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 you (load or post contents) integrate contents (text, image, its or other) on your pumpsoundz.com’s profile, you 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 your content. After you remove your content from the Pumpsoundz Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.

5 LIABILITY

5.1 You are solely responsible for the content that you post on or through any of the Pumpsoundz Services.

5.2 You are solely responsible for ensuring that all content that you post on or through any of the Pumpsoundz Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through Pumpsoundz.

5.3 Limitation of liability. Pumpsoundz shall not be liable to you for:
5.3.A any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
5.3.B any loss or damage which may be incurred by you as a result of:
5.3.B.1 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);
5.3.B.2 the deletion of, corruption of, or failure to store, any User’s content and other communications data maintained or transmitted by or through your use of the Services;
5.3.B.3 your failure to provide Pumpsoundz with accurate account information;
5.3.B.4 your failure to keep your password or Pumpsoundz account details secure and confidential.

5.4 You acknowledge 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. You waive the right to hold Pumpsoundz responsible for the operation and exploitation of the www.Pumpsoundz.com Website.

5.5 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 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 If you want to terminate your legal agreement with Pumpsoundz, you may do so by :
6.2.A notifying Pumpsoundz at any time and
6.2.B closing your Pumpsoundz account and discontinue use Pumpsoundz’s Website.

6.3 Pumpsoundz may terminate your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.

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.