Terms and Conditions

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Terms and Conditions

Welcome to 5Up Music!

These terms and conditions outline the rules and regulations for the use of 5Up Music's Website and Mobile Apps, located at www.5upmusic.com and respective App Stores.

By accessing this website we assume you accept these terms and conditions. Do not continue to use 5Up Music if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing 5Up Music, you agreed to use cookies in agreement with the 5Up Music's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, 5Up Music and/or its licensors own the intellectual property rights for all material on 5Up Music. All intellectual property rights are reserved. You may access this from 5Up Music for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from 5Up Music
• Sell, rent or sub-license material from 5Up Music
• Reproduce, duplicate or copy material from 5Up Music
• Redistribute content from 5Up Music

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Generator.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. 5Up Music does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of 5Up Music,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, 5Up Music shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

5Up Music reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant 5Up Music a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of 5Up Music; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to 5Up Music. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of 5Up Music's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Your use of 5Up Music as a contributer

As contributer we mean Musician/Producer/Author/Writer/Graphical Artist/ Registrant for a band/ Artist/Rights Owner who creates an account and uploads media or works to get exposure.

Works are music and graphical/artistic images/photos as in eg. front covers etcetera.

• You have the legal Rights to distribute the uploaded music,sounds,samples, graphics, photos or other related artistic works, including Names, Trademarks, weblinks etcetera.
• You clear us free from any claim of you and/or any 3rd party that we might unrightfully use/used the uploaded works uploaded by you.
• You agree to be fully responsible for any claim from any 3rd party concerning your uploads.
• You shall not use music, parts of music, sound samples, graphic content or any other media of which you have no Rights, are no Author of, or owned by others of which you do not have written permission to do so.
• Your provided website link shall only link to informational webpages of your band/music project, and shall not give any access to unrightfully downloadable content or HotLink nor redirect to any commercial 3rd party to advertising and such.
• You explicitly allow us and grant us to distribute/stream your works for at least 24hours with a max of 48hours, whatever we find convenient in our process.
• We will never own your uploaded works.
• By uploading you are never giving away your Rights as a contributor.
• After a max of 48hours or when new slots are published, your uploaded works for the used slot will be deleted from our servers.
• You will have no option to download uploaded works. Make sure you have a backup.
• Your works will not be distributed to 3rd parties and will also not be sold.
• Your works shall not contain any 3rd party references.
• You shall claim no payment from us due to temporarely distributing/streaming your works. As this is a free service from us to you.
• Distribution by us means streaming of your works or the ability for the visitor of our website or user of our mobile app to listen and see your works.
• Once you've uploaded your works and occupied the slot, with or without timelimit of the slot, there is no option to cancel your participation.
• You may and can terminate your account any time you want, all your history will be deleted including Day Winner listing.
• If you terminate your account during an occupied slot by you, then the slot will be made empty and will be available for others.

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5Up Music
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5Up Music & JeeJeeStudio

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