Terms of service
Last edited February 14th, 2022
These terms of service (the “Terms”) govern your access to and use of PopuMusic. (hereinafter “PopuMusic” or “us/we”) services, products, applications and websites (collectively the “Services”), so please carefully read them before using the Services. If you do not agree to these Terms, please stop using the Services. If these Terms of Service as a whole is considered as an offer, acceptance is expressly limited to these Terms of Service.
You represent and warrant that you understand and agree to these Terms and that you are either 18 years of age or more, or you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Services. The Services are intended for people who are at least 13 years old. Persons under the age of 13 are prohibited from creating user accounts in the Services.
BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICES, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. USE OF THE SERVICES IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, DO NOT USE THESE SERVICES IF YOU DO NOT AGREE.
Should you have any questions relating to Terms, please contact us at [email protected].
Change of Terms
Online Store Terms
This online store is hosted by Shoplazza, They provide us with the online e-commerce platform that allows us to sell our products and services to you.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Subject to certain limitations as described herein, you are granted the right to access our games, text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Service Content”) under certain terms and conditions as set forth in this Agreement.
Some of the Services are not compatible with all mobile devices and computers. You shall be solely responsible for procuring a compatible device if you wish to use any of the Services offered by us. In order to use the Services, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access the Service Content. Please note that download and use of software content may be subject to an additional license agreement.
Subject to your acceptance of these Terms and your compliance with them, PopuMusic grants you a limited, non-exclusive, non-transferable license to use and display the Services and related software (only the executable version, excluding source) and any other Service Content for, unless otherwise stated, your personal non-commercial use. You may not use such the same for any purpose other than the permitted use of the Services and related software. You further agree that you will not, and will not attempt to, copy or distribute the content of the Services to any other person unless specifically permitted by PopuMusic. Your license to use the Services and related software(s) is automatically revoked if you violate these Terms.
Information Collection and Use
Account Security and Information
You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (collectively “Registration Data”). You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services, as applicable. Once registered for the Services, you shall receive a unique user ID and password in connection with your account. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed. You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party.
You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify PopuMusic of any unauthorized use of your account. PopuMusic reserves the right to suspend or terminate your account at any time and for any reason.
The Services may contain links to third-party websites or resources. PopuMusic has no responsibility for such third-party services and/or content in third-party services and does not endorse the related content, products, or services. Further, such third-party websites or resources may be subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services.
You are solely responsible for your use of any such websites or resources and you agree to access external locations at your own risk. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
You agree that PopuMusic shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location and you hereby irrevocably waive any and all claims related thereto against PopuMusic.
Unless otherwise specified in writing on the Services, all materials that are part of the Services (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Services; the compilation, assembly and arrangement of the materials of the Services; and all other Service Content are owned, controlled or licensed by PopuMusic and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
Your use of the Service Content is governed by these Terms. Copyright to third-party content appearing on the Services is the property of their respective owners. PopuMusic is the trademark and service marks of PopuMusic or its parent or its or their affiliates. All other trademarks and service marks appearing on the Services are the property of their respective owners. All rights are reserved. Except as expressly provided in these Terms, PopuMusicdoes not grant any express or implied rights to use material proprietary to PopuMusic. You may not display our Services or content in frames or “in-line links” without express written permission from us.
You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any of the content of the Services (including Service Content not created by you), nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services, except as expressly permitted herein, without the express prior written permission of PopuMusic and the owner of such Service Content (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Services.
Any communications or materials you transmit to PopuMusic as part of the Service, by an application, website, e-mail or otherwise including, without limitation, data, questions, comments, ideas, images, videos, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated as non-confidential and nonproprietary. The Services may invite you to participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity, to create, submit, post, display, transmit, perform, publish, distribute, broadcast, and comment on content and materials to PopuMusic and/or to or via the Services, including, without limitation, text, writings, compositions, notes, videos, photographs, videos, graphics, comments, suggestions or personally identifiable information or other material (collectively, excluding Service Content , “User Content”).
Representations and Warranties
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit, publish and share the User Content you submit, including the right to grant all of the rights and licenses in these Terms without PopuMusic incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you. You shall be solely responsible for the User Content and the consequences of submitting, publishing, and sharing the User Content on the Service.
You retain all your ownership rights in the User Content you submit and/or share with PopuMusic. However, by submitting and/or sharing the User Content with PopuMusic, you hereby grant to PopuMusic a sublicensable, transferable, worldwide, and royalty-free non-exclusive license in the User Content. PopuMusic can use, reproduce, distribute, prepare derivative works of, display, and perform all or any portion of the User Content, about the Services, and other services and products, of PopuMusic (and its successors and affiliates), including without limitation for promoting and redistributing part or all the Services (and derivative works thereof) in any media formats and through any media channels.
You also grant to PopuMusic the right to sub-license and authorize others to exercise any of the rights granted to PopuMusic under these Terms, and each such third party will be entitled to benefit from the rights and licenses granted to PopuMusic under these Terms. Without limiting the generality of the foregoing, you authorize PopuMusic to publish your User Content in a searchable format that may be accessed by users of the Services and on the internet. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Services and under these Terms.
The above licenses granted by you in the User Content you submit to or share with PopuMusic may terminate within a commercially reasonable time after you (i) remove or delete the User Content from the Services and (ii) notify PopuMusic of the request for termination via an email to [email protected] In case of termination, derivative works that other users have made based on User Content that you submitted or shared will not normally be removed, but if you would like it to be please contact [email protected]
Unsolicited Idea Submission Policy
You further agree that PopuMusic is free to use any ideas, information, concepts, know-how or techniques contained in any User Content you submit in Services or send to the PopuMusic, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind.
Policy Regarding Users Who Repeatedly Infringe Copyright
PopuMusic will terminate the accounts of any users who repeatedly use the Services to infringe copyright.
Individuals may participate in the Program to recommend services or content made available by Company to their friends, family or colleagues. To do this, individuals must necessarily submit personal information about themselves when they made a purchase. Their friends, family members or colleagues may leave a note when they check out product on this page regarding who refers our product to them. Contact Information will be collected, processed and used in accordance with Company's Privacy Statement, which can be found at https://popumusic.com/pages/policy. In addition, an individual's Contact Information may be used by Company to contact individuals regarding their participation in the Program and to receive communications from Company. If an individual provides Contact Information about its friends, family members or colleagues to receive communications via the Program, the provided Contact Information will be used by the Company to send these communications on behalf of the individual and the individual understands that Company may (if permitted by applicable law) send out additional follow-up communications on behalf of the individual to encourage or remind the friends, family members or colleagues to complete the purchase or registration process.
2. How the Program Works.
To participate in the Program, visit popumusic.com/referral-program and follow the on-screen instructions to refer friends, family members or colleagues to the Service. Users may refer an unlimited number of friends, family members or colleagues during the Program.
Individuals who refer are called "Referrers." Individuals who receive such referral are called "Referred Customers." "User" means any person using the Program and includes, without limitation, Referrers and Referred Customers.
3. Eligible Referrer
To be eligible, a Referrer must: be at least 18 years old. Employees of the Company, Service Provider or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible to participate in the Program.
4. Making a Referral
An individual must purchase at least one pur product after June 1st, 2018. Once an individual refers a friend, family member or colleague, he/she becomes a Referrer. Referred customers can leave a note stating their referrers' name and purchase information when they purchase a product. Referrers must respect the spirit of the Program by only referring individuals who meet the requirements of these Terms. Referrers cannot refer themselves. Referrers shall not create multiple or fake accounts with the Company or participate in the Program using multiple or fake email addresses or identities.
As a user of the Services, you agree that your User Content and your conduct on the Services will not:
include any offensive comments that are connected to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, national origin, religion, ethnicity, race, age, or disability;
include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
solicit others to perform or participate in any unlawful acts;
violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
submit false or misleading information;
In addition, your activities on the Services and in connection with the Service Content not:
reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
attempt to impersonate any other party
trick, defraud or mislead other users
engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing schemes
violate these Terms; or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by PopuMusic on the Services
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party’s uninterrupted use and enjoyment of the Services, the Service Content, the User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Services, the Service Content or the User Content
reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Services create to generate its web pages or any software or other products or processes accessible through the Services
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism
except as may be the result of a standard search engine or Internet browser usage, use or launch any automated system, including, without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Services or use or launch any unauthorized script
cover or obscure any notice, banner or advertisement on the Services;
disguise the source of your User Content or other information you submit to the Services; and/or interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services or the Service Content.
interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
PopuMusic does not control or endorse the content, messages or information found in User Content portions of the Services or external sites that may be linked to or from the Services and, therefore, PopuMusic specifically disclaims any responsibility with regard thereto. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The Accuracy of Billing and Account Information
PopuMusic reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. PopuMusic reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You have consent and agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
If the payment information provided by you is declined for payment of your subscription and/or other fees, you must provide us a new eligible payment information promptly or your access to the paid content may be suspended.
For more detail, please review our Returns Policy.
PopuMusic may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Disclaimer and Warranties
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND AN “AS AVAILABLE” BASIS, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
PopuMusic may distribute content supplied by third parties and users of the services and may provide links to external locations operated by third parties. All communication expressed or made available by third parties whatsoever, including, without limitation, by other users, is solely made by the respective author(s) or distributor(s), and PopuMusic does not guarantee the accuracy, completeness or usefulness thereof or its merchantability or fitness for any particular purpose; nor do they make any guarantee, endorsement or warranty with respect thereto.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT PopuMusic SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT PopuMusic IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PopuMusic LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL THE PopuMusic BE LIABLE TO YOU, COLLECTIVELY, FOR MORE THAN THE AMOUNT YOU HAVE PAID TO PopuMusic.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS, AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You agree to defend, indemnify and hold harmless, PopuMusic, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Services from and against all claims and expenses, including attorneys’ fees and costs, arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
PopuMusic shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of PopuMusic, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond PopuMusic, Ltd.’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us.
You may terminate this Agreement by deleting your account and thereafter by ceasing to use the Services. If you have any subscription and terminate this Agreement before the end of your such subscription, we are unable to offer any refund for any unexpired period of your subscription.
PopuMusic may suspend your access to the Services and/or terminate this Agreement at any time if (i) you are deemed to be a repeat infringer as described above; (ii) in any way breach any provision of these Terms or related policies or guidelines; (iii) PopuMusic elects at its discretion to cease providing access to the Services in the jurisdiction where you reside or from where you are attempting to access the Services, or (iv) in other reasonable circumstances as determined by PopuMusic at its discretion.
Upon termination for any reason, you must cease all use of the Services. Your termination for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
We also reserve the right to delete your account with no active paid subscriptions if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any paid-for features associated with that account and no refund will be offered to you in relation to the same.
PopuMusic reserves the right to discontinue any aspect of the Services at any time.
Changes to Terms of Services
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas.
Any and all differences and disputes of whatsoever nature arising out of this contract shall be put to arbitration in the City of Houston, Texas, pursuant to the Maritime Laws of the United States, The Federal Arbitration Act, and the Rules of the Houston Maritime Arbitrators Association, before an Arbitrator to be chosen by the parties hereto. The decision of the Arbitrator on any point or points shall be final. Until such time as the Arbitrator formally closes the hearings, either party shall have the right by written notice served on the Arbitrator and on the other party to specify further disputes or differences under this contract for hearing and determination. The Arbitrator may grant any relief which he or she, deems just and equitable and within the scope of the agreement of the parties, including, but not limited to, specific performance. Awards made in pursuance to this Clause may include costs, including a reasonable allowance for attorney's fees, and judgment may be entered upon any Award made hereunder in any Court having jurisdiction in the premises.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST PopuMusic ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Questions about the Terms of Service should be sent to us at [email protected]