iPluggers, hereafter referred to as "iPluggers" or "we", operates iPluggers.com, which is a digital radio music promotion platform that allows members to create personal profiles online in order to promote their music at radio stations. The services offered by iPluggers include any iPluggers -branded URL (the "iPluggers Website"), the iPluggers plugging service, iPluggers messaging services (including, without limitation, email services), iPluggers music and video services, iPluggers developer services, and any other features, content, or applications offered from time to time by Ipluggers. The iPluggers Services are hosted in the Netherlands.
Addendum valid as of September 5, 2011 for artists and labels: 100% guarantee on plugging results
iPluggers guarantees download results on the iPluggers plugging service. Users that do not obtain download results within 3 months after the plugging date will receive a complete refund of their plugging fee. This refund will be remitted if the artist or label indicates the absence of download results and the iPluggers development team has excluded any technical errors. After these terms have been met, iPluggers will remit the refund within 10 working days.
Addendum valid as of September 5, 2011 for major labels: 100% guarantee on plugging results
iPluggers guarantees download results on the iPluggers plugging service. Users that do not obtain download results within 3 months after the plugging date are eligible to plug an additional release via the iPluggers system free-of-charge. This will only be granted if the major label indicates the absence of download results and the iPluggers development team has excluded any technical errors. After these terms have been met, iPluggers will activate an extra release to be plugged within 10 working days.
Addendum valid as of September 5, 2011 for all artists, labels and major labels: If a refund or an additional release is plugged due to the absence of download results, it remains the decision of iPluggers whether a release will remain available in the iPluggers catalogue or not.
Addendum valid as of July 20th, 2012 for all artists, labels and major labels (territory restrictions): Our 100% guarantee on download results and linked refunds as stated in above three addenda, is not applicable if an artist, label or major label indicates one or more restricted territories.
Eligibility. Use of the iPluggers Services and registration to be a Member for the iPluggers Services ("Membership") is void where prohibited. By using the iPluggers Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the iPluggers Services does not violate any Applicable Law.
Radio- and TV stations, including, but not limited to, digital, local, regional, national, internet, in-store and pirate stations (hereafter referred to as "Airplay Media") are granted or denied access to the iPluggers Services based on their provided registration information. Content of iPluggers may only be used for the purpose of airplay. Any other use of content provided by iPluggers is subject to approval of its respective owner(s).
iPluggers can deny an Airplay Media visitor access without iPluggers having to state or justify our reasons. Previously granted access to Airplay Media members can be denied if (a) the provided registration information is untruthful and inaccurate; (b) our content is used for unintended purposes, such as, but not limited to, providing our content to online and/or offline Points of Sale.
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the iPluggers Services or are a Member. You may terminate your Membership at any time, for any reason. iPluggers expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the iPluggers Services if iPluggers determines, in its sole discretion, that you have violated this Agreement or pose a threat to iPluggers, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect.
Fees. You acknowledge that iPluggers reserves the right to charge for any portion of the iPluggers Services and to change its fees from time to time in its discretion. If iPluggers terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments. If you discontinue use of the iPluggers Services, iPluggers is under no obligation to refund any feeds.
Password. When you sign up 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, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify iPluggers 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.
Use by Members. The iPluggers Services can only be used for promotional purposes. iPluggers reserves the right to remove content in its sole discretion. Illegal and/or unauthorized use of the iPluggers Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the iPluggers Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. iPluggers reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the iPluggers Services.
Proprietary Rights in Content on iPluggers.
iPluggers does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you transmit, submit, display or publish on, through or in connection with the iPluggers Services. After posting your Content on, through or in connection with the iPluggers Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the iPluggers Services, you hereby grant to iPluggers a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the iPluggers Services, including, without limitation, through the iPluggers Services to applications, widgets, websites or mobile, desktop or other services which are linked with your iPluggers account (collectively, "Linked Services"), including, without limitation, distributing part or all of the iPluggers Services and any Content included therein, in any media formats and through any media channels. This limited license does not grant iPluggers the right to sell or otherwise distribute your Content outside of the The iPluggers Services. After you remove your Content from the iPluggers Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. Notwithstanding, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the iPluggers Services, iPluggers is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
The license you grant to iPluggers is non-exclusive (meaning you are free to license your Content to anyone else in addition to iPluggers), fully-paid and royalty-free (meaning that iPluggers is not required to pay you or anyone else deriving rights from you, this includes, but is not limited to, labels, sublabels, content owners, publisher, performance rights organizations, copyright organizations and music right organizations, for the use on the iPluggers Services of the Content that you post), sublicensable (so that iPluggers is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the iPluggers Services), and worldwide (because the Internet and the iPluggers Services are global in reach). Airplay media members are responsible, determined by applicable law in their country, for payment to music rights organizations for their right to broadcast music.
You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the iPluggers Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the iPluggers Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the iPluggers Services and/or Linked Services.
The iPluggers Services contain Content of iPluggers ("iPluggers Content"). iPluggers Content is protected by copyright, trademark, patent, trade secret and other laws, and iPluggers owns and retains all rights in the iPluggers Content and the iPluggers Services. iPluggers hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the iPluggers Content (excluding any software code) solely for your personal use in connection with viewing the iPluggers Website and using the iPluggers Services.
The iPluggers Services contain Content of Users and other iPluggers licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the iPluggers Services. Only Airplay Media Members are allowed to download, broadcast and display content related to their airplay services. Any other form of music and/or video exploitation of content downloaded via the iPluggers services is illegal. This includes, but is not limited to selling and sampling content.
Providing content downloaded via the iPluggers services for free- or paid downloads online, this includes but is not limited to torrents, is absolutely forbidden. Entities doing this are obliged to pay a fine of € 500 per track per day the content is made available.
iPluggers performs technical functions necessary to offer the iPluggers Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the iPluggers Services. In addition, you agree and acknowledge that iPluggers may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the iPluggers Services. You can control what type of communications you receive from the iPluggers Services by logging into your account and choosing the appropriate notifications settings.
iPluggers reserves the right to limit the storage capacity and / or bandwidth of Content that you post on, through or in connection with the iPluggers Services.
Content Posted. Please choose carefully the information that you post on, through or in connection with the iPluggers Services and that you provide to other Users. Your iPluggers profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other iPluggers Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and iPluggers assumes no responsibility or liability for this material. If you become aware of misuse of the iPluggers Services by any person or Linked Service, please notify iPluggers of this violation by contacting us via e-mail.
iPluggers may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of iPluggers violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. iPluggers assumes no responsibility for monitoring the iPluggers Services for inappropriate Content or conduct. If at any time iPluggers chooses, in its sole discretion, to monitor the iPluggers Services, iPluggers 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.
You are solely responsible for the Content that you post on, through or in connection with any of the iPluggers Services, and any material or information that you transmit to others.
Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the iPluggers Services. iPluggers reserves the right to investigate and take appropriate legal action against anyone who, in iPluggers ’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the iPluggers Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of iPluggers :
is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
publicly posts information that poses or creates a privacy or security risk to any person;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming"; If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, bulletins or other unauthorized commercial communications of any kind through the iPluggers Services, you acknowledge that you will have caused substantial harm to iPluggers, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay iPluggers €60 for each actual or intended recipient of such unsolicited message, bulletin or other unauthorized commercial communication you send through the iPluggers Services
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes 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;
solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without prior written consent from iPluggers such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph or video of another person that you have posted without that person’s consent;
violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
Disclaimers. iPluggers is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the iPluggers Services, by Users of the iPluggers Services. In addition, iPluggers is not responsible for any damage, injury or loss caused by Users of the iPluggers Services or by any of the equipment or programming associated with or utilized in the iPluggers Services. Profiles and Linked Services created by Members, though or in connection with the iPluggers Services may contain links to other websites or services. iPluggers is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by iPluggers. Inclusion of any linked website or service on the iPluggers Services does not imply approval or endorsement of the linked website or service by iPluggers. When you access these third party sites and services, you do so at your own risk. iPluggers takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the iPluggers Services, nor does it take any responsibility for the goods or services provided by these third parties. iPluggers is not responsible for the conduct, whether online or offline, of any User of the iPluggers Services. iPluggers assumes 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. iPluggers is 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 or on any of the iPluggers Services or combination thereof, including, without limitation, 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 iPluggers Services. Under no circumstances shall iPluggers be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the iPluggers Services, attendance at a iPluggers event, from any User Content posted on or through the iPluggers Services, or from the conduct of any Users of the iPluggers Services, whether online or offline. The iPluggers Services are provided "AS-IS" and as available and iPluggers expressly disclaims any warranty of fitness for a particular purpose or non-infringement. iPluggers cannot guarantee and does not promise any specific results from use of the iPluggers Services.
Disclaimer territory restrictions: one or more territory restrictions relate to the country or area that are restricted for a certain release. In principle, iPluggers will not plug nor offer a release to Airplay Media Members that are located in a restricted territory. However, Airplay Media Members that are situated near borders or reach the restricted territory in any other unforeseen way, might be offered the restricted release. iPluggers is not responsible for and makes no warranties, express or implied, that a territory restricted release is solely offered to non-restricted territories, including, but not limited to, the reasons stated above and any unforeseen technical errors that might occur.
Limitation on Liability. In no event shall iPluggers be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from your use of the the iPluggers services, even if iPluggers has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, iPluggers’ liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to iPluggers for the iPluggers services during the term of membership.
Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the Netherlands, without regard to its conflict of law provisions. You and iPluggers agree to submit to the exclusive jurisdiction of the courts located in Alkmaar the Netherlands to resolve any dispute arising out of the Agreement or the iPluggers Services.
Indemnity. You agree to indemnify and hold iPluggers, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the iPluggers Services 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 in this Agreement and/or any Content that you post on, through or in connection with the iPluggers Services.
Other. This Agreement is accepted upon your use of the iPluggers Website or any of the iPluggers Services and is further affirmed by you becoming a Member. Your agreement with iPluggers will always include this Agreement at a minimum. Your access and use of certain iPluggers Services may require you to accept additional terms and conditions applicable to such certain iPluggers Services, in addition to this Agreement, and may require you to download Software or Content. The failure of iPluggers to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. 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.