Introduction
Welcome to Promo Hype (“Promo Hype,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our platform, website, mobile application, and related services (collectively, the “Services”).
Please read these Terms carefully. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you should not access or use our Services.
Eligibility
To use our Services, you must be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is greater. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
Your Account
Account Creation
To access certain features of our Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You also agree to maintain and promptly update this information to keep it accurate, current, and complete.
Account Security
You are responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Multiple Personas
You may create multiple artist profiles or personas within a single account for management purposes. However, each profile must represent a legitimate artist identity that you have the legal right to represent. You are responsible for ensuring that all content associated with each profile complies with these Terms.
Content and Licenses
Your Content
Our Services allow you to upload, store, share, and distribute music, images, text, and other materials (collectively, “Content”). You retain all rights in and to your Content, subject to the licenses you grant to us below.
Content License to Promo Hype
By uploading Content to our Services, you grant Promo Hype a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content in connection with providing and promoting the Services. This license is solely for the purpose of operating or improving the Services and will terminate when your Content is removed from our Services, except to the extent your Content has been shared with others as part of the Services and they have not deleted it.
Content License to Digital Service Providers
When you use our Services to distribute your music to digital service providers (such as streaming platforms, digital stores), you authorize us to grant to these providers the rights necessary to distribute, perform, display, and use your Content in accordance with their respective terms of service. The specific rights granted will depend on the distribution options you select.
Representation and Warranties Regarding Content
You represent and warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all of your Content.
- Your Content does not infringe or violate the intellectual property rights or any other rights of any third party.
- Your Content complies with these Terms and all applicable laws and regulations.
- You have the right and authority to enter into this agreement and to grant the rights provided herein.
Restricted Content
You agree not to upload, share, or distribute Content that:
- Infringes or violates the intellectual property rights or any other rights of any third party
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Contains unauthorized samples, interpolations, or other third-party content that you do not have permission to use
- Contains viruses, malware, or other malicious code
- Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity
- Constitutes unauthorized commercial communications (such as spam)
- Contains personal or identifying information about another person without that person’s consent
- Violates any applicable law or regulation
We reserve the right to remove any Content that, in our sole discretion, violates these Terms or may expose Promo Hype, our users, or others to harm or liability.
Distribution Services
Distribution to Digital Service Providers
Our Services allow you to distribute your music to various digital service providers (“DSPs”). By using our distribution services, you authorize us to:
- Deliver your Content to DSPs on your behalf
- Collect and report on revenue generated by your Content
- Accept and agree to the terms of service of these DSPs on your behalf
- Remove or modify your Content from DSPs in accordance with these Terms or applicable laws
Royalty Collection and Payment
We will collect royalties and other payments from DSPs for the use of your Content and will pay you in accordance with our payment policies, which are incorporated into these Terms by reference. We reserve the right to deduct any applicable fees, as set forth in our payment policies or as otherwise communicated to you, prior to distributing royalties to you.
Content Removal and Takedown
You may request the removal of your Content from DSPs through our Services. However, removal may not be immediate and will depend on the policies and procedures of each DSP. We will make commercially reasonable efforts to process takedown requests in a timely manner.
Acceptable Use
General Conduct
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use our Services in any way that violates any applicable federal, state, local, or international law or regulation
- Use our Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
- Impersonate or attempt to impersonate Promo Hype, an Promo Hype employee, another user, or any other person or entity
- Interfere with or disrupt the Services or servers or networks connected to the Services
- Attempt to gain unauthorized access to parts of the Services, other users’ accounts, or computer systems or networks connected to the Services
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any materials on the Services
- Use the Services to transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software, devices, or programs
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm Promo Hype or users of the Services
API Usage
If we provide you with access to APIs (Application Programming Interfaces), you agree to use them in accordance with any accompanying documentation or guidelines we provide. We reserve the right to set and enforce limits on your use of our APIs.
Intellectual Property Rights
Promo Hype Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Promo Hype, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License to Use Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal or internal business purposes. This license does not include any resale or commercial use of the Services or their contents, any collection and use of any product listings, descriptions, or prices, any derivative use of the Services or their contents, or any use of data mining, robots, or similar data gathering and extraction tools.
Feedback
If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
Third-Party Services and Content
Third-Party Services
The Services may contain links to third-party websites or services that are not owned or controlled by Promo Hype. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Promo Hype shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
User Interactions
You are solely responsible for your interactions with other users of the Services and any third parties. You understand that Promo Hype does not screen users or their Content, and you release us from any liability arising from your interactions with other users.
Fees and Payment
Service Fees
We may charge fees for certain aspects of the Services, such as distribution services or premium features. All fees are set forth on our pricing page or otherwise communicated to you within the Services. We reserve the right to change our fees at any time upon notice to you.
Payment Terms
You agree to pay all fees and charges associated with your account on a timely basis and with a valid payment method. By providing a payment method, you authorize us to charge all fees to that payment method. If automatic billing fails for any reason, we may issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Taxes
You are responsible for all applicable taxes associated with your use of the Services. If we are required to collect or pay any taxes in connection with your use of the Services, those taxes will be charged to you.
Termination
Termination by You
You may terminate your account at any time by following the instructions provided within the Services. Upon termination, your profile and access to the Services will be disabled, but your Content may remain on DSPs until you or we remove it. You remain responsible for all fees incurred before termination.
Termination by Promo Hype
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
Effect of Termination
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILPromo HypeLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTPromo HypeILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Promo Hype DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES, AND YOU RELY ON THE SERVICES AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, Promo Hype DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILPromo HypeLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Promo Hype, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIPromo HypeLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INPromo HypeILITY TO USE, THE SERVICES.
UNDER NO CIRCUMSTANCES WILL Promo Hype’S AGGREGATE LIPromo HypeILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO Promo Hype FOR THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIPromo HypeILITY.
Indemnification
You agree to defend, indemnify, and hold harmless Promo Hype, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your Content, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
Governing Law and Dispute Resolution
Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws principles.
Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved through the following process:
- Informal Resolution: We want to address your concerns without resorting to formal dispute proceedings. Before filing a claim against Promo Hype, you agree to contact us and attempt to resolve the dispute informally.
- Arbitration: If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms or the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in [Your City, State], and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
- Restrictions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Exceptions: The arbitration agreement does not apply to any dispute that can be resolved in small claims court or any claim involving intellectual property rights.
Time Limitation on Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Promo Hype concerning the Services.
Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Promo Hype’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention and only to the extent necessary to make the provision valid, legal, and enforceable. All remaining provisions of these Terms shall remain in full force and effect.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Promo Hype’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Promo Hype may freely assign or transfer these Terms without restriction.
Notices
Any notices or other communications provided by Promo Hype under these Terms will be given by posting to the Services or by email to the address you provide to us. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Force Majeure
We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including, without limitation, acts of God, natural disasters, pandemic, epidemic, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Headings
The section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information
If you have any questions about these Terms, please contact us at:
Email: legal@promohype.com
Mail: Promo Hype Legal Department, [Your Street Address], [City, State, ZIP]