Last updated: September 2007
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Pump Audio or its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Pump Audio for violations of these Site Terms.
Ownership of the Site and its Contents
This Site is owned by Pump Audio, a division of Getty Images. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, musical compositions, sound recordings, illustrations, software, and the selection and arrangement thereof ("Pump Audio Content"), is owned by Pump Audio, its licensors, clients, content providers and registered users.
All elements of the Site, including the Pump Audio Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
This Site and the Pump Audio Content are intended for customers and content providers of Pump Audio. You may not use this Site or the Pump Audio Content for any purpose not related to your business with Pump Audio. You are specifically prohibited from:
(a) downloading, copying, or re-transmitting any or all of the Site or the Pump Audio Content without, or in violation of, a written license or agreement with Pump Audio;
(b) using any data mining, robots or similar data gathering or extraction methods;
(c) manipulating or otherwise displaying the Site or the Pump Audio Content by using framing or similar navigational technology;
(d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Pump Audio product or service if you are not expressly authorized by such party to do so; and
(e) using the Site or the Pump Audio Content other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Pump Audio has adopted a policy of terminating, in appropriate circumstances and at Pump Audio's sole discretion, account holders who infringe the intellectual property rights of Pump Audio or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Pump Audio Legal Department
601 N. 34th Street
Seattle, Washington 98103
Phone: (206) 925-5000
Fax: (206) 925-5623
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.
Pump Audio Trademarks, the Pump Audio logo, and any other product or service name or slogan contained in the Site are trademarks of Pump Audio and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pump Audio or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Pump Audio" or any other name, trademark or product or service name of Pump Audio without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Pump Audio and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a Pump Audio logo or other proprietary graphic of Pump Audio to link to this Site without the express written permission of Pump Audio. Further, you may not frame any Pump Audio trademark, logo or other proprietary information, including the Pump Audio Content, without Pump Audio's express written consent.
Pump Audio makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Pump Audio and Pump Audio is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Pump Audio provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Pump Audio of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Pump Audio shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Pump Audio, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Pump Audio immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Pump Audio.
Forward-Looking Statements. This Site, and any documents issued by Pump Audio and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Pump Audio Annual Reports to stockholders, including information contained under the section captioned "Management's Discussion and Analysis," as well as other information included under the caption "Risk Factors" and/or in other Pump Audio filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Pump Audio undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
The information contained within press releases issued by Pump Audio should not be deemed accurate or current except as of the date the release was posted. Pump Audio has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third-Party Financial Information
Pump Audio may provide links to third-party websites or services that contain financial or investment information about Pump Audio. Access to such websites and the information contained therein is provided as service to those interested in the information. Pump Audio neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, Pump Audio does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Pump Audio makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.
You agree to defend, indemnify and hold harmless Pump Audio, its parent company, subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Pump Audio Content, or your violation of any rights of another.
THIS SITE AND THE PUMP AUDIO CONTENT ARE PROVIDED "AS IS" AND PUMP AUDIO AND ITS PARENT COMPANY, SUBSIDIARIES, DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PUMP AUDIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PUMP AUDIO CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PUMP AUDIO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE PUMP AUDIO CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE PUMP AUDIO CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Pump Audio uses reasonable efforts to ensure the accuracy, correctness and reliability of the Pump Audio Content, but we make no representations or warranties as to the Pump Audio Content's accuracy, correctness or reliability. Content types (including genres, sub-genres and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Pump Audio does not guarantee their accuracy.
Pump Audio offers the Pump Audio Soundtrack Service to evaluate musical material on the Site. Pump Audio explicitly disclaims any responsibility for the content or availability of information contained in the search index or directory. Pump Audio also disclaims any responsibility for the completeness or accuracy of any directory or search result. You understand that by using the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Site at your sole risk and further agree that Pump Audio shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL PUMP AUDIO, ITS PARENT COMPANY, SUBSIDIARIES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE PUMP AUDIO CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PUMP AUDIO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PUMP AUDIO'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PUMP AUDIO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PUMP AUDIO FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Pump Audio Content shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Pump Audio's intellectual property rights, Pump Audio may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms, Pump Audio reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Pump Audio. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Pump Audio reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to Pump Audio at email@example.com.