1. TERMS OF SERVICES

A. This is a legal agreement between you (the user) and Unique Entertainment, Inc. "BumpitorDumpit.com" and sets forth the terms and conditions that govern the use of this website, including all content available through bumpitordumpit.com domain, "WEBSITE". The website is the provider of the mechanism (the "SERVICE") that permits you to vote for our artists' music and participate in the other features within "WEBSITE" under certain terms and conditions as set forth in this Agreement.

B. By using and/or visiting the "WEBSITE", you signify your agreement to (1) these terms and conditions (the Terms of Service), (2) BumpitorDumpit's privacy notice, found on the bottom tab on the "WEBSITE" and incorporated here by reference. If you do not agree to any of these terms and conditions and/or the BumpitorDumpit Privacy Notice, please do not use the "WEBSITE".

C. Although we may attempt to contact you when major changes are made to these Terms of Service, you should periodically review the most updated version. Unique Entertainment may, modify or revise these Terms of Services and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this agreement shall be deemed to confer any third party rights or benefits.

 

2. WEBSITE

A. These Terms of Services apply to all users of the "WEBSITE", including users who're also contributors of song content, information, and other materials or services on the "WEBSITE". The "WEBSITE" includes all aspects of BumpitorDumpit.com.

B. The "WEBSITE" may contain links to third party WEBSITES that are not owned or controlled by Unique Entertainment, Inc. Unique Entertainment, Inc. has no control over and assumes no responsibility for, the content or privacy policies of any third party WEBSITES. Furthermore, Unique Entertainment, Inc. will not and cannot censor or edit the content of any third party site. By using the "WEBSITE", you expressly hold harmless Unique Entertainment, Inc. from any and all liabilities arising from your use of any third party WEBSITE.

C. Accordingly, we encourage you to be aware when you leave the "WEBSITE" and to read the Terms of Service and Privacy Policy of each WEBSITE you visit.

 

3.BUMPITORDUMPIT ACCOUNTS

A. In order to access some of the features on the "WEBSITE", you must register for at least a "Backstage" account. You may never use another account without permission. When creating your account, you must provide correct, current and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

B. Although Unique Entertainment, Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for losses of Unique Entertainment, Inc. or others due to such unauthorized use.

 

4.GENERAL USE OF THE "WEBSITE"- PERMISSIONS AND RESTRICTIONS

Unique Entertainment, Inc. hereby grants you permission to access and use the "WEBSITE" as set forth in these Terms of Service, provided that:
A. You agree not to distribute any part of the "WEBSITE", including, but not limited to User Submissions, without the prior written consent from Unique Entertainment, Inc.

B. You agree not to alter or modify any part of the "WEBSITE", including, but not limited to any technology used on the "WEBSITE", specific or special features, designs, copy rights etc...

C. You agree not to access User Submissions or BumpitorDumpit content through any technology or means other than what is provided by the "WEBSITE" itself.

D. You agree to not use the "WEBSITE" for any commercial use, without written authorization from Unique Entertainment, Inc. Prohibited commercial uses include any of the following actions without written approval from Unique Entertainment, Inc.

  • sale of access to the "WEBSITE" or its related services on another WEBSITE:
  • use of the "WEBSITE" or its related services for the primary purpose of gaining advertising or subscription revenue:
  • the sale of advertising, on "WEBSITE", or any third party WEBSITE, targeted to the content of specific User Submissions or "WEBSITE" content:
  • and any use of the "WEBSITE" or its related services that Unique Entertainment, Inc. finds, at its sole discretion, to use Unique Entertainment's resources or User Submissions with the direct or indirect intention of competing with or displacing the market for Unique Entertainment, Inc., "WEBSITE" content or its User Submissions.

E. Prohibited commercial uses do not include:

  • uploading an original song to the "WEBSITE" to promote your business or artistic enterprise.
  • any use that is approved and/or authorized by Unique Entertainment, Inc.

F. Unique Entertainment, Inc. grants the operators of public search engines permission to use spiders to copy material from the "WEBSITE" for the sole purpose of and solely to the extent necessary for creating publicity available search able indexes of the materials, but not caches or archives of such materials. Unique Entertainment, Inc. reserves the right to revoke theses exceptions either generally or in specific cases. You agree to not collect or harvest any personally identifiable information, including account names from the "WEBSITE", nor to use the communication systems provided by the "WEBSITE" (emails, comments, messages etc...) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the "WEBSITE" with respect to their User Submissions.

G. You will otherwise comply with the Terms of Service, and all applicable local and national, and international laws and regulations.

H. Unique Entertainment, Inc. reserves the right to discontinue any aspect of the "WEBSITE" at any time.

I. As a condition of use, you promise not to use the "WEBSITE" for any purpose that is unlawful or prohibited by these Terms of Service, or any purpose not reasonably intended by Unique Entertainment, Inc.

  • to abuse, harass, threaten, impersonate or intimidate other "WEBSITE" users.
  • to post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, obscene,pornographic,abusive,offensive,profane or otherwise violates any law or right of any third party.
  • for any illegal or unauthorized purpose. If you are an International User, you agree to comply with all the local laws regarding online conduct and acceptable content;
  • to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password,account, or private information from any "WEBSITE" user.
  • To create or submit unwanted email, posts or messages to any other "WEBSITE" users or any URL.
  • to violate any laws in your jurisdiction including, but not limited to copyright laws.
  • to submit stories or comments linking to affiliated programs, multilevel marketing schemes, sites/blogs re-purposing existing stories, or off-topic content.
  • you will not use any robot, spider, scraper or other automated means to access the "WEBSITE" for any purpose without written consent. Additionally, you agree that you will not:
    (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure.
    (b) interfere or attempt to interfere with the proper working of the "WEBSITE" or any activities conducted on the "WEBSITE"; or
    (c) bypass any measures we may use to prevent o restrict access to the "WEBSITE".
  • to advertise or solicit any user to buy or sell any products or services. It's also a violation of these Terms of Service to use any information obtained from Unique Entertainment, Inc. in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • attempt to impersonate another user or person.
  • sell or otherwise transfer your personal profile.

5. YOUR USE OF CONTENT ON THE "WEBSITE"

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the "WEBSITE".
A. The content on the "WEBSITE", except all User Submissions, including without limitation, the text, software scripts,graphics,photos,sounds,music,songs,interactive features and the like and the trademarks,service marks and logos contained therein, are owned by or licensed to Unique Entertainment, Inc., subject to copyright and other intellectual property rights under the law. Content on the "WEBSITE" is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced,distributed,transmitted, broadcast, displayed,sold,licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Unique Entertainment, Inc.. Unique Entertainment, Inc. reserves all rights not expressly granted in and to the "WEBSITE" and the content.

B. You may access User Submissions solely:

  • for your information and personal use
  • as intended through the normal functionality of the Service; and
  • for streaming
    "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the SERVICE to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Songs for any other purpose or in any manner other than Streaming is strictly prohibited. User Songs are made available "as is".

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the SERVICE. User Comments are made available "as is", and may not be used,copied,reproduced,distributed,broadcast,displayed,sold,licensed,downloaded, or otherwise exploited in any manner not intended by the normal functionality of the SERVICE or otherwise as prohibited under this agreement.

D. You may access the "WEBSITE" content, User Submissions and other content only as permitted under this Agreement.

E. You agree to not engage in the use, copying,or distribution of any of the content other than expressly permitted herein,including any use,copying, or distribution of User Submissions of third parties obtained through the "WEBSITE" or Content herein.

F. You agree not to circumvent, disable or otherwise interfere with security related features on the "WEBSITE" or features that prevent or restrict use or copying of any content or enforce limitations on use of the "WEBSITE" or the Content

G. You understand that when using the "WEBSITE", you will be exposed to User Submissions from a variety of sources, and that Unique Entertainment, Inc. is not responsible for the accuracy,usefulness,safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate,offensive,indecent, or objectionable, and you may waive, and hereby do waive, any legal or equitable rights or remedies you may have against Unique Entertainment, Inc. with respect thereto, and agree to indemnify and hold Unique Entertainment, Inc.,its Owners/Operators,affiliates, and or licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the "WEBSITE"

 

6. YOUR USER SUBMISSIONS AND CONDUCT

A. as a "WEBSITE" account holder you may submit song content "User Songs" and (User Comments) textual content. User Songs and User Comments are collectively referred to as "User Submissions". You understand that whether or not such User Submissions are published, Unique Entertainment, Inc. does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for you own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm,represent,and/or warrant that: you own or have the necessary licenses,rights,consents,and permissions to use and authorize Unique Entertainment, Inc. to use all patent,trademark,trade secret,copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the "WEBSITE" and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions you hereby grant each user of the "WEBSITE" a non-exclusive license to access your User Submissions through the "WEBSITE", to use,display and perform such User Submissions as permitted through the functionality of the "WEBSITE" and under these Terms of Service. The above licenses granted by you in User Songs terminate within a commercially reasonable time after you remove or delete your User Songs from the SERVICE. You understand and agree ,however, that Unique Entertainment, Inc. may retain,but not display,distribute,or perform,server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted,protected by trade secret or otherwise subject to third party proprietary rights,including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Unique Entertainment, Inc. all of these license rights granted herein.

E. Unique Entertainment, Inc. does not endorse any User Submissions or any opinion,recommendation,or advice expressed therein, and Unique Entertainment Inc. expressly disclaims any and all liability in connection with User Submissions. Unique Entertainment, Inc. does not permit copyright infringing activities, infringement of intellectual property rights on its "WEBSITE", and Unique Entertainment, Inc. will remove all Content or User Submissions that infringe on another intellectual property rights. Unique Entertainment, Inc. reserves the right to remove Content and User Submissions without prior notice.

 

7. ACCOUNT TERMINATION POLICY

A. Unique Entertainment, Inc. will terminate a user's access to its "WEBSITE" if, they are determined to continue to break the agreement in these Terms of Service.

B. Unique Entertainment, Inc. reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law,such as, but not limited to pornography,obscene or defamatory material,or excessive length. Unique Entertainment, Inc. may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service.

 

8. AGREEMENT TO PAY

A. You agree to pay Unique Entertainment, Inc. with one full payment one year membership based on the SERVICE you decide to participate,within the "WEBSITE". YOU ARE RESPONSIBLE FOR PROVIDING UNIQUE ENTERTAINMENT, INC. WITH VALID CREDIT CARD DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to your account with the "WEBSITE", to the credit card that you designate during the registration process. If you want to designate an alternative credit card or if there is a change in your credit status,you must change your credit card information online at the account information portion of the "SERVICE". There may be a temporary disruption of your access to the SERVICE until Unique Entertainment, Inc. can verify the validity of the new credit card.

B. Prices for our SERVICE is subject to change, but will always be one payment of an affordable nature. Though the fees are collected on an annual basis, we suggest you always keep a minimum balance to cover such fees. Your "WEBSITE" account is subject to change at any time, at Unique Entertainment, Inc's discretion.

C. Your use of the SERVICE includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS "WEBSITE",INCLUDING NOTICES OF CANCELLATION,POLICIES,CONTRACTS AND APPLICATIONS.

 

9. DIGITAL MUSIC COPYRIGHT ACT

A. If you are a copyright owner or agent thereof and believe that any User Submission or other content infringes upon your copyrights,you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our staff with the following information in writing (sec. 17 U.S.C 512(c)(3)) for further details.

  • a physical or electronic signature of a person authorized to act on 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.
  • Identification of the material that is claimed to be infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you,such as an address,telephone number,and electronic mail address if applicable.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner,its agents,or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all the requirements of this section 5(D),your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission that was removed or to which access was disabled is not infringing,or that you have the authorization from the copyright owner, the copyright owner's agent,or pursuant to the law, to post and use the content in your User Submission,you may send a counter-notice containing the following information to the Copyright Agent.

  • You physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled:
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a mis-identification of the content and;
  • Your name,address,telephone number,and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco,California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, Unique Entertainment, Inc. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced ,or access restored, in 10 - 14 business days or more after receipt of the counter-notice, at Unique Entertainment's sole discretion.

 

10. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE "WEBSITE" SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, UNIQUE ENTERTAINMENT, INC., ITS OFFICERS,DIRECTORS, EMPLOYEES,AND AGENTS DISCLAIM ALL WARRANTIES,EXPRESSED OR IMPLIED,IN CONNECTION WITH THE "WEBSITE" AND YOUR USE THERE OF. UNIQUE ENTERTAINMENT, INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR CONTENT OF ANY SITES LINKED TO THIS "WEBSITE" AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,MISTAKES,OR INACCURACIES OF CONTENT (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF OUR "WEBSITE", (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR "WEBSITE", (5) ANY BUGS,VIRUSES,TROJAN HORSES,OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR "WEBSITE" BY ANY THIRD PARTY,AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,EMAILED,TRANSMITTED,OR OTHERWISE MADE AVAILABLE VIA THE "WEBSITE". UNIQUE ENTERTAINMENT, INC. DOES NOT WARRANT,ENDORSE,GUARANTEE,OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE "WEBSITE" OR ANY HYPER-LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UNIQUE ENTERTAINMENT, INC. WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY DARK OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN APPROPRIATE.

 

11. LIMITATION OF LIABILITIES

IN NO EVENT SHALL UNIQUE ENTERTAINMENT, INC., ITS OFFICERS,DIRECTORS,EMPLOYEES,OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF OUR "WEBSITE", (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVER SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR "WEBSITE" (5) ANY BUGS, VIRUSES, TROJAN HORSES,, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR "WEBSITE" BY ANY THIRD PARTY,AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,EMAILED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE "WEBSITE",WHETHER BASED ON WARRANTY,CONTRACT,TORT,OR ANY OTHER LEGAL THEORY,AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT UNIQUE ENTERTAINMENT, INC. 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.

The "WEBSITE" is controlled and offered by Unique Entertainment, Inc. from its facilities in the United States of America. Unique Entertainment, Inc. makes no representation that the "WEBSITE" is appropriate or available for use in other locations. Those who access or use the "WEBSITE" from other jurisdictions do so at their own volition and are responsible for compliance.

 

12. INDEMNITY

You agree to defend,indemnify and hold harmless Unique Entertainment, its parent corporations,officers,directors,employees and agents, from and against any and all claims,damages,obligations,losses,costs or debt including,but not limited to attorney's fees arising from; (1) your use and access to the "WEBSITE"; (2) your violation of any term of these Terms of Service; (3) your violation of any third party right,including without limitation any copyright,property,or privacy right; or (4) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Term of Service and your use of the "WEBSITE".

 

13. ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than eighteen (18) years of age,or an emancipated minor,or posses legal parental or guardian consent, and are fully able and competent to enter into these terms,conditions,obligations,affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of thirteen (13), as the "WEBSITE" is not intended for children under thirteen. If you are under the age of thirteen, please don't use this WEBSITE. Talk with your parents and find out what's out there for you.

 

14. AGREEMENT

These Terms of Service, and any rights and licenses granted hereunder,may be transferred or assigned by you, but may be assigned by Unique Entertainment, Inc. without restriction.

 

15. GENERAL

You agree that (1) the "WEBSITE shall be deemed solely based in Arizona; (2) the "WEBSITE" shall be deemed a passive WEBSITE that does not give rise to personal jurisdiction over the "WEBSITE", either specific or general, in jurisdiction other than Arizona. These Terms of Service shall be governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws principles. Any claim or dispute between you and Unique Entertainment, Inc. that arises in whole or in part from the "WEBSITE" shall be decided exclusively by a court of competent jurisdiction. These Terms of Service, together with the Privacy Notice and any other legal notices published by Unique Entertainment, Inc. on the "WEBSITE", shall constitute the entire agreement between you and Unique Entertainment, Inc. concerning the "WEBSITE". If any provisions of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service,which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Unique Entertainment's failure to assert any right or time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the "WEBSITE" following any amendment of these Terms Of Service will signify your assent and acceptance of its revised terms. YOU AND UNIQUE ENTERTAINMENT, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE "WEBSITE" MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE,SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.