Welcome! Pyrite Music Group (“PMG”) offers its services via the website located at pyritemusicgroup.com (the “Site”) according to the terms and conditions (“Terms”) set forth below. Please read these Terms carefully.
References to “you”, “your” or “user” include any individual that has visited the Site. “We”, “us” or “our” refer to PMG.
2. ACCEPTANCE AND ELIGIBILITY
3. SERVICES PROVIDED
The Site functions as a platform where PMG’s registered users (“Clients” and/or “Artists”) can search the site and download music tracks to be licensed as well as upload music tracks, photos, biographical information, album art, lyrics, etc. (“Artistic Content”) for consideration by PMG’s team. If PMG believes your music is a “good fit” then you will be contacted by one of PMG’s team members about potential licensing partnership opportunities. PMG makes no promise or warranty that it will consider any Artistic Content in any fashion, nor that any Artistic Content will be viable for licensing.
4. USER ACCOUNT INFORMATION AND REGISTRATION
You do not have to be a registered user to use this Site. However, only registered users can access some of the content and functionality, including the ability to download, share and upload Artistic Content. If you are not registered with us and would like to become a registered user, please click here [LINK]. When you register with the Site, you will be asked to provide us with: your name; email address and additional information such as: company/organization, occupation (i.e. filmmaker, agency creative, producer), phone number, mailing address (“Profile Data”), which you can add to or change from time to time.
You hereby represent and warrant that any information you have provided to gain access to the Site is true and accurate to the best of your knowledge. PMG reserves the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) if we have reasonable grounds to suspect any of your Profile Data provided is untrue, inaccurate, not current or incomplete, or if you otherwise violate any of these Terms of Service.
You must immediately notify PMG of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
5. COMPLIANCE WITH APPLICABLE LAWS
You will comply with all applicable laws, rules and regulations in connection with your participation in our programs, services and use of our Site, and will not engage in any act that has an adverse impact on the performance or availability of our programs, Site.
The Site is subject to United States export control laws and may also be subject to the laws of the country where you reside. No software from this Site may be downloaded or exported (i) into (or to a national or resident of Cuba), Iraq, Libya, North Korea, Iran, Syria, or to any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
6. RESTRICTIONS ON USE
6.1 Subject to the restrictions in these Terms, PMG hereby grants you permission to use the Site solely for your individual and commercial use and as intended through the normal functionality of the Site. Use of the Site is void where prohibited.
6.2 PMG reserves the right to modify, suspend, or discontinue the Site and/or your access to the Site for any reason, including but not limited to a violation of any of the restrictions below.
6.3 In your use of the Site you agree that you will not:
Use the Site for any illegal activity or to violate laws in your jurisdiction and/or in the United States;
Exploit the Site to access unauthorized information;
Use the Site to attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person or organization, or to engage in any other threatening behavior;
Transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, for example, any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
Make available any materials that contain an email address, telephone number, street address, last name, or any other content or information that identifies any user;
Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam (sending the same message multiple times or to multiple people will be treated as spam), chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not;
Knowingly transmit any material that contains adware, malware, spyware, software 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;
Use the Site to solicit information from minors or to harm or threaten to harm minors;
Engage in or contribute to any wrongdoing that may create any liability for PMG;
Use the Site to infringe or violate any third party rights including breach of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary right;
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
Interfere with or disrupt or attempt to disrupt the Site or servers or networks connected to the Site, or cause excessive traffic demands on the Site’s technology infrastructure, or disobey any requirements, procedures, policies, or regulations of networks connected to PMG’s services;
Engage in the unauthorized use, copying, or distribution of any Site content, including without limitation any Artistic Content;
Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
Reverse engineer any portion of the Site;
Process, collect or record user information, Artistic Content or Site content, or otherwise access the Site without PMG’s permission, using automated means, such as but not limited to robots, spiders, scrapers, or site search/retrieval applications;
Contribute content that contains restricted access mechanisms, hidden content of any kinds, or utilize SQL injection or cross site scripting methods;
Use the Site or any content to transmit any computer virus, worm, defect, Trojan Horse, or any other item of a destructive nature; or,
Upload any virus or malicious code.
PMG, in it’s sole discretion, reserves the right to suspend or terminate your access to the Site, in whole or in part, at any time, immediately and without notice, for any reason, including without limitation in the event that you violate these Terms. Unregistered users may discontinue use of the Site at any time by discontinuing use of the Site. Registered users must send a written termination request to PMG, using the “Contact Us” button on any page of the Site.
The following sections of these Terms shall survive in the event of suspension or termination: Restrictions on Use; Termination; Warranty Disclaimer; Limitation of Liability; Exclusions and Limitations; Indemnity; and General Provisions.
8. ARTIST SUBMISSIONS
By submitting Artistic Content to PMG via the Site, you represent and warrant that you have the right to submit that content. You take sole responsibility for all content that you submit via the Site and the consequences of submitting any Artistic Content. You are responsible for obtaining all necessary rights to upload, post and distribute all Artistic Content. You further understand that no agency, partnership, joint venture, or employment is created when you submit Artistic Content, and you do not have any authority of any kind to bind PMG in any respect whatsoever.
9. COPYRIGHT INFRINGEMENT AND DMCA NOTICE
PMG respects the intellectual property rights of others. Material may be made available via the Site by third parties not within our control. It is our policy upon proper notice to remove materials or information that violate copyright law, suspend access to the Site (or any portion thereof) to any user who uses the Site in violation of copyright law, and terminate the accounts of repeat infringers.
Pursuant to the Digital Millennium Copyright Act (DMCA), Title 17 of the U.S. Code, Section 512, PMG has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company’s designated copyright agent:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Specific identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
[NAME, ADDRESS AND EMAIL ADDRESS OF THE DESIGNATED COPYRIGHT AGENT FOR THE COMPANY]
10. WARRANTY DISCLAIMER
YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM WHICH YOU MAY EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING WITHOUT LIMITATION THIRD PARTY INFORMATION, PRODUCTS AND ARTISTIC CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE) ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT PMG MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT PMG DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, PMG DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND ARTISTIC CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL PMG OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE, EVEN IF PMG HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
PMG IS NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE SITE TRANSMITTING INFORMATION SUCH AS PERSONAL MESSAGES OVER UNENCRYPTED NETWORKS SUCH AS EMAIL AND/OR THE INTERNET.
YOU SPECIFICALLY ACKNOWLEDGE THAT PMG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. EXCLUSIONS AND LIMITATIONS
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You understand that you are personally responsible for your behavior while on the Site, and for all content or information you provide to the Site, including without limitation Artistic Content. You agree to indemnify and hold PMG and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) arising out of or related to: (a) your breach of any of these Terms; (b) your use of the Site and/or any associated content (i) in violation of these Terms and Conditions, (ii) in violation of any rights of PMG or any third-party, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation.
14. GENERAL PROVISIONS
14.1 No Agency. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind PMG in any respect whatsoever.
14.2 Entire Agreement. These Terms are the entire agreement between you and PMG. They supersede any and all prior or contemporaneous agreements between you and PMG relating to your use of the Site.
14.3 No Assignment. These Terms, and any rights granted hereunder, are not assignable, transferable or sublicensable by you except with PMG’s prior written consent. Any assignment attempted to be made in violation of these Terms shall be void.
14.4 Waiver and Severability of Terms. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of PMG to partially or fully exercise any rights under these Terms or the waiver of any of these Terms by PMG shall not prevent a subsequent exercise of such right by PMG nor be deemed a further or continuing waiver by PMG of that or any other term.
The rights and remedies of PMG under these Terms and any other applicable agreement between you and PMG shall be cumulative, and the exercise of any such right or remedy shall not limit PMG right to exercise any other right or remedy.
14.5 No Third Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third party rights or benefits.
14.6 Choice of Law and Forum. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any choice of law provisions. Any claim or dispute between you and PMG that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California.
14.7 Limitation of Actions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or else be forever barred.
14.8 Amendment. These Terms may be amended via notice to your email address provided by you to us. Your continued use of the Site, upon delivery of such amended Terms, shall constitute your assent to the Terms as amended.
If you have any questions or comments about these Terms please contact PMG at firstname.lastname@example.org.