Your Music Upload

Yourmusicupload.com is an online service that allows Members to manage and promote their digital music assets along with links to their biographs and merchandise sales online. The Services offered by Yourmusicupload.com ("Yourmusicupload" or Your Music Agency or "we" or “us”) include the Yourmusicupload Website (the "Website”) and any other features, content, or applications offered from time to time by Yourmusicupload.com in connection with the Website (together referred to as the "Services").

These Terms of Use ("Agreement") are an electronic contract for your use of the Services. By using the Services, you agree that you are legally bound by these terms, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with Yourmusicupload) or a “Partner” (which means that you are a registered Member and are also a paying subscriber to the Premium Services). The term "User" in this Agreement also applies to you whether you are a Visitor, a Member, or a Partner. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by this Agreement and all applicable laws. By accessing the Website or the Services, you consent to receive this Agreement in electronic form only on the Website. Please read this Agreement carefully and save a copy. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member and make use of the Services, you must read this Agreement and or read the full terms on our Privacy & Policy page. Then click on “I ACCEPT” before Registration.

Yourmusicupload will modify this Agreement from time to time. Any modification will take immediate effect upon posting by Yourmusicupload on the Website, at the same URL as this Agreement. You agree that you will be bound to any changes to this Agreement when you use the Services, after any modification has been posted and made available on the Website. It is therefore important that you return to this URL and review this Agreement regularly to ensure you are updated as to any changes.

Please choose the information you post on the Website very carefully. You may not post any images containing nudity, or post any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable Content. While these are not allowed, it is possible that you may come across information posted by other Yourmusicupload Members (for instance, in Content submitted by them) which may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. We will make every effort to prevent this -- however, you agree that Yourmusicupload assumes no responsibility or liability for your exposure as a User of the Website to these types of materials. If you become aware of misuse of the Services by any person, please contact us by clicking on the Contact link at the bottom of any Yourmusicupload page, and choose "Report Inappropriate Content" subject.

Yourmusicupload reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting or communication by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

By using the Services, you are representing that the following is true and accurate: (a) all registration information you submit is true and accurate; (b) you will maintain the accuracy of your registration information; (c) you are 12 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your account may be deleted and your Membership may be terminated without warning, if we believe that you are less than 12 years of age. If you are between the ages of 12 and 18, your use is subject to parental permission and we reserve the right to require a parent’s email address and email approving use, before giving you access. If you are over the age of 18, you represent that you have the legal right, authority and capacity to enter into this Agreement and abide by all its terms and conditions. Use of the Services, and / or Membership in Yourmusicupload, is void where prohibited.

This Agreement shall be in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Yourmusicupload may terminate your Membership at any time, without warning, for reasons specified in this Agreement. However, even after Membership is terminated, the terms of this Agreement will continue to legally apply, including sections 5-17.

You will be allowed to use parts of the Website and some Services at no cost, after you register as a Member. While some Services and uses may be free, you understand and agree that Yourmusicupload reserves the right to begin charging for Services at any time and also reserves the right to change its fees for any Services from time to time in its discretion, with no advance notice to you. In order to access all Features, you must upgrade to a paid subscription to the Premium Services. Please see Upgrade for a description of the current Features and Membership prices for Premium Services. Premium Services subscription fees are nonrefundable. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes, and any other charges imposed by any state or federal government as a result of paying to use the Website and/or any of the Services. If you attempt to post prohibited Content (see paragraph 9) and we remove it or fail to allow posting of it, you are not entitled to a refund of any fees you have paid. If we terminate your Membership because you have violated any of the terms of this Agreement, you shall not be entitled to a refund of any of your Premium Services subscription fees. You may cancel your Membership and / or your subscription to Premium Services at any time, by following the procedure on your Member Account Services page. If you cancel, your cancellation will take effect at midnight before the first day of the next period after the automatic renewal and cannot be retroactively applied.

When you register to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any other person. You agree to notify Yourmusicupload immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.

Except for those commercial uses that are specifically intended on the Website or approved by Yourmusicupload in writing, the Services are for the personal use of Members only and may not be used commercially in other ways. Unauthorized use of the Services includes, but is not limited to collecting usernames and/or email addresses of Members for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website. Advertisements or solicitations which are not specifically intended on the Website by Yourmusicupload may be removed from Member Content without notice and may result in termination of Membership. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

1.    You Must Have The Rights To Post Your Content. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, or any other materials (collectively, "Content") on or through the Services, you automatically and immediately grant to Yourmusicupload, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license to us will terminate at the time you remove your Content from the Services. However, even after removal, you understand and agree that a back-up or residual copy of the Content posted by you may remain on the Yourmusicupload servers after you have removed the Content from the Services, and that Yourmusicupload retains the rights to those copies. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant us the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other compensation or damages owed to any person or company by reason of any Content posted by you to or through the Services.
2.    We Own The Rights To Our Website And Content. The Services are a copyrightable compilation of Content, including Content provided by Yourmusicupload ("Yourmusicupload Content"). The entire compilation, including the Yourmusicupload Content, is protected by copyright, trademark, patent, trade secret and other laws, and Yourmusicupload owns and retains all rights in the compilation, the Yourmusicupload Content, and the Services. Yourmusicupload hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the Yourmusicupload Content for your personal use in connection with viewing the Website and using the Services.
3.    Other Users And Advertisers Own The Rights To Their Content. The Services contain Content of Members and Users and other Yourmusicupload licensors. Except for Content posted by you and Content you are permitted to use by Yourmusicupload, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services. It is possible that another Member may allow you to promotionally link to that Member’s Content or make that Member’s Content available in conjunction with your Content. If this is the case, you are solely responsible and liable for your relationship with the other Member and use of the other Member’s Content, and you indemnify Yourmusicupload and hold us harmless against any claim arising out of or in connection with your linking to or use of another Member’s Content.
4.    We Provide Some Content To Be Used By You To Present Your Own Content. Yourmusicupload will make Content tools available to Members and Partners for use in presenting your own Content. Yourmusicupload grants you a limited, nonexclusive, revocable, nontransferable license to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute any of the Content tools by combining them with your own Content. However -- this license DOES NOT ever include the right to sell any product or service incorporating our Content.

Yourmusicupload may delete any Content that in the sole judgment of Yourmusicupload violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Yourmusicupload assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Yourmusicupload chooses, in its sole discretion, to monitor the Services, Yourmusicupload nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content, except as such responsibilities may be required under the law or by a court of law.

Yourmusicupload does not endorse posted Content. Content is not routinely reviewed by Yourmusicupload prior to posting and does not reflect the opinions or policies of Yourmusicupload as an organization. Yourmusicupload makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that is on the Website or which is Content that you transmit to other Members. You are responsible for the Content that you post on or through the Website or Services, and any material or information that you transmit to other Members and for your interactions with other Users.

The following lists types of Content that you MUST NOT post on the Website or the Services. Yourmusicupload reserves the right to investigate and take appropriate legal action against anyone who, in Yourmusicupload's sole discretion, violates this provision, including the immediate removal of Content from the Services and/or termination of a Membership, while Content is being reviewed for prohibited conduct or for taking legal action. Prohibited Content includes, but is not limited to Content which:

1.    promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2.    harasses or advocates harassment of a person;

3.    exploits people in a sexual or violent manner;

4.    contains nudity, violence, or offensive subject matter;

5.    implies that Yourmusicupload endorses you or your Content, without our prior written consent;

6.    includes viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer, software, or hardware, or telecommunications equipment;

7.    promotes information that is false or misleading or promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory or libelous;

8.    promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing videos of celebrities, or pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9.    involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

10.    contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11.    promotes or assists any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12.    solicits passwords or personal identifying information from other Users;

13.    involves commercial activities or sales without our prior written consent, including but not limited to contests, sweepstakes, barter, advertising, or pyramid schemes;

14.    includes a facially recognizable photograph or image of another person that you have posted without first getting that person's written consent; or

15.    uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the posting.

The following list includes types of activities that you may not do on the Website or in the use of the Services. Yourmusicupload reserves the right to investigate and take appropriate legal action against anyone who, in Yourmusicupload's sole discretion, violates this provision, including the immediate removal of Content from the Services and/or termination of a Membership, while an activity or action is being reviewed for prohibited activities, or for taking legal action. Prohibited activities include:

1.    attempting to impersonate another Member or person;

2.    using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

3.    selling or otherwise transferring your account;

4.    using any information obtained from the Services in order to harass, abuse, or harm another person;

5.    child pornography, fraud, providing or making available any obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, transmission of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets, or any other illegal acts;

6.    unauthorized advertising to, or solicitation of, any Member to buy or sell any products or services through the Services;

7.    transmitting chain letters or unsolicited email (“junk” or “spam”) to other Members;

8.    using any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior written consent;

9.    using a robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce the navigational structure or presentation of the Services, or to circumvent the navigational structure or presentation of the Services;

10.    covering or obscuring the Yourmusicupload advertisements on any Yourmusicupload webpage, via HTML/CSS or any other means;

11.    removing copyright or trademark notices on any Content in the Services;

12.    forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted through the Website or the Services;

13.    framing or mirroring any part of the Services or the Website;

14.    using meta tags or codes or other devices containing references to Content or Members on the Services, in order to direct any User to any other web site, for any purpose;

15.    any automated use of the system, such as using scripts;

16.    reverse engineering, deciphering, decompiling, decrypting or otherwise accessing any portion of the Services or the Website which are not intended to be publicly accessible;

17.    interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; or

18.    using the Services in a manner inconsistent with any applicable laws and regulations.

It is the policy of Yourmusicupload to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of notice from the copyright owner or the copyright owner's legal agent. IF YOU BELIEVE YOUR WORK HAS BEEN COPIED AND INFRINGED by posting on the Services, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Yourmusicupload's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Yourmusicupload,  <ADDRESS>, <CITY STATE ZIP>, <COUNTRY>, <TELEPHONE>, <FACSIMILE> Attn: Legal Department; and by emailing legal@yourmusicupload.com.

You are solely responsible for your interactions with other Yourmusicupload Members. Yourmusicupload reserves the right, but has no obligation, to monitor disputes between you and other Members.

As a condition for using the Service, you agree to the following disclaimers: We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or caused by any of the equipment or programming or computers associated with or utilized in the Services. Content created and posted by Members on Yourmusicupload may contain links to other websites, and we are not responsible for the Content, accuracy or opinions expressed on such websites, and we do not investigate, monitor or check any such websites for accuracy or completeness. Inclusion of any linked website or address on Yourmusicupload does not imply approval or endorsement by us. When you access outside addresses and links, you do so at your own risk. We take no responsibility for advertisements posted on the Website or through the Services, and take no responsibility for any goods or services provided by advertisers. We are not responsible for the online or offline conduct of any Member or User. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication or Content. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. The Services are provided "AS-IS" and Yourmusicupload.com expressly disclaims any warranty of fitness for a particular purpose or a warranty of non-infringement. We cannot guarantee and do not promise any specific results from use of the Services.

Under no circumstances shall Yourmusicupload be responsible for any loss or damage, whether direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, including without limitation bodily injury or death, emotional distress, and/or any other damage resulting from communications or contacts, which result from use of the Services, attendance at a Yourmusicupload event, or in connection with any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline; and INCLUDING LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LEGAL LIABILITY TO YOU FOR ANY REASON WHATSOEVER IS LIMITED TO THE AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO YOURMUSICUPLOAD, FOR SERVICES RENDERED DURING YOUR TERM OF MEMBERSHIP.

Software available in connection with the Services (the "Software") may be regulated under Netherlands and European export control laws. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of Netherlands and EU export laws, if and when they apply. By downloading or using the Software, you represent and warrant that any download or use you make is not in violation of law.

If there is any dispute about or involving our Services, you agree that the dispute shall be governed by the laws of  the Netherlands without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the Netherlands, City of Alkmaar. You agree that any dispute between Yourmusicupload and you arising out of or in connection with this Agreement or the Services must be settled by arbitration utilizing the dispute resolution procedures of the Netherlands Arbitration Institute (NAI), with arbitration proceedings to be located in Alkmaar, Noord-Holland, the Netherlands, with costs of the arbitrator to be borne equally by the parties.

You agree to indemnify and hold Yourmusicupload, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any other person or company due to or arising out of or in connection with your use of the Services, whether in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above, and/or if any Content that you post on the Website or through the Services causes Yourmusicupload to be liable to another.

Yourmusicupload bills you through an online account (“your Billing Account”) for Premium Services. You agree to pay Yourmusicupload for all charges at the prices then in effect, for Services received under your Account, and you authorize us to charge your chosen payment provider (your "Payment Method") for the Services. You agree to make payment using that selected Payment Method. The amount charged to your Payment Method per month will reflect the length of time you have selected for your Premium Services Membership. Your subscription to Premium Services shall renew automatically for the same period until we receive notification from you that you want to terminate your Premium Services or your Membership.

YOU AGREE THAT WE MAY SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, FOR SERVICES REQUESTED UNDER YOUR ACCOUNT, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE RECEIVED YOUR CANCELLATION. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR MEMBER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT PERSONAL SETTINGS. IF YOU FAIL TO PROVIDE US WITH ANY OF THIS INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICES UNDER YOUR BILLING ACCOUNT UNTIL YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICES.

The legal terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you nevertheless agree to pay all amounts due on your Billing Account, upon written demand. You agree that we may accumulate charges incurred and submit them together as one or more charges during or at the end of each billing cycle. You also agree to pay any costs of collection on billed but uncollected amounts, including our reasonable attorneys fees, and interest in the amount of 1.5% per month, while any uncollected amounts remain unpaid. To terminate your authorization and cancel your Premium Services subscription, or to change your Payment Method, go to Personal Profile.

You agree that there is no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and Yourmusicupload, either created by this Agreement, or by use of the Services.
Other Terms You Agree To. You agree that these Terms Of Use are accepted upon your use of the Website or any of the Services, and are re-affirmed and re-accepted in their then-current form, when and if you become a Member, and each subsequent time you use the Services. This Agreement constitutes the entire agreement between you and Yourmusicupload regarding the use of the Services. The failure of Yourmusicupload to exercise or enforce any right under this Agreement shall not operate to prevent Yourmusicupload from enforcing its rights at a later or different date. The section titles in this Agreement are for your convenience only and have no legal effect. Yourmusicupload is a trademark of Yourmusicupload.com This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The parties expressly agree to exempt this agreement, and its enforcement, from the Dutch Convention on Goods, and have requested that this Agreement and all related documents be drawn up in English.