Users

Plum Radio Inc. (“Plum Radio”) provides users (“you” or “Users”) with access to a streaming radio service (“Services”) of music curated and mixed by professional DJs. Plum Radio’s DJs create and prepare mixes of music (“Mixes”) that are uploaded on Plum Radio’s website and streamed to Users via various online and mobile applications.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT CAREFULLY AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS, AND AGREE THAT THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN PLUM RADIO AND YOU. YOU FURTHER AGREE THAT YOUR USE OF PLUM RADIO’S SERVICES WILL COMPLY WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS AT ALL TIMES DURING YOUR USE OF THE SERVICES. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES.

Plum Radio reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time and from time to time with or without specific notice to you other than through posting such modified Terms on www.plumradio.com/legal. The Terms will be identified as of the most recent date of revision. Notwithstanding the preceding sentences, no modifications to these Terms will apply to any dispute between you and Plum Radio that arose prior to the date of such modification. If you are dissatisfied with Plum Radio Services or the Terms or the Privacy Policy, then you agree that your sole and exclusive remedy is to discontinue any use of Plum Radio Services.

Parental advisory

IF YOU ARE BETWEEN THE AGES OF 13 AND 17, YOU SHOULD REVIEW THESE TERMS WITH YOUR PARENTS AND GET THEIR PERMISSION BECAUSE SOME OF THE MUSIC FOUND ON PLUM RADIO MAY CONTAIN EXPLICIT LANGUAGE AND REFERENCES TO DRUGS, SEX OR VIOLENCE.

NOTE TO CHILDREN UNDER 13 YEARS OF AGE: PLUM RADIO’S SERVICES ARE NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then please do not use Plum Radio.

Eligibility

You represent that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as Plum Radio is not intended for children under the age of 13.

Privacy policy

Plum Radio understands that privacy is important. By using the Plum Radio Services, you expressly consent to the information handling practices described in the Plum Radio Privacy Policy (http://plumradio.com/legal), which is incorporated into and is subject to the Terms. Your use of the Plum Radio’s Services and any personal information you provide through the Plum Radio Website is subject at all times to the Privacy Policy and the Terms.

Residency requirement

Only residents of the United States may use the Services. If you are not a resident of the United States, please stop using the Services immediately.

Access to Plum Radio Services

Plum Radio grants you a personal, non-transferrable limited license to use the Plum Radio Services as set forth in these Terms, provided that: (1) you use the Plum Radio Services solely for your personal, private, noncommercial use; (2) you do not copy, publicly display or distribute any part of the Plum Radio Services in any medium without Plum Radio' prior written authorization; (3) you do not alter or modify any part of the Plum Radio Services other than as may be reasonably necessary to use the Plum Radio Services for its intended purposes; (4) you do not engage in any of the prohibited uses described below; and (5) you will otherwise fully comply with these Terms. The Plum Radio Services are controlled and offered by Plum Radio from its facilities in the United States of America. Plum Radio makes no representations that the Plum Radio Services are appropriate or available for use in other locations. Those who access or use the Plum Radio Services from other jurisdictions do so at their own risk and are responsible for compliance with local law.

Ownership; Proprietary Rights

The Plum Radio Website and Services are owned and operated by Plum Radio, Inc. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Plum Radio Website and Services that are provided by Plum Radio ("Plum Radio Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Plum Radio Materials do not include any content owned by and submitted by DJs, Artists or Record Labels to Plum Radio. All Plum Radio Materials contained on the Plum Radio Website are the property of Plum Radio or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the Plum Radio Materials or on the Plum Radio Website are proprietary to Plum Radio or its affiliates and/or third-party licensors. Except as expressly authorized by Plum Radio, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Plum Radio Materials. Plum Radio reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Plum Radio Materials, except for the limited rights set forth in these Terms.

Representations and warranties made by You

You represent, warrant and covenant to Plum Radio that:

DISCLAIMER OF WARRANTIES. THE SERVICES AND CONTENT PROVIDED BY PLUM RADIO ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. USERS AGREE THAT THEIR SUBSCRIPTION TO THE SERVICES AND USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT OR DATA DISTRIBUTED BY ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT USER’S OWN RISK. PLUM RADIO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE WEBSITE. PLUM RADIO DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PLUM RADIO IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS RELATING TO ANY PRICING, TEXT OR CONTENT.

LIMITATION OF LIABILITY. EXCEPT FOR USER’S FAILURE TO PAY ANY FEES DUE TO THE PLUM RADIO AND AS OTHERWISE PROVIDED HEREIN, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF USER’S USE OF THE SERVICES AND/OR THE WEBSITE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR THE FEES PAID TO PLUM RADIO, IF APPLICABLE, DURING SIX (6) MONTHS PRIOR TO THE CLAIM. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Assignment of rights

Plum Radio may assign its rights and obligations hereunder without any notice to Users. Users may not assign any of their rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Plum Radio. These Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Advertisements

Plum Radio may display advertisements (video & display) and promotions. In consideration of our granting your access to Plum Radio Services, you agree that Plum Radio may display such advertisements to you.

Third party content

Plum Radio may include links to third party web sites, content or resources. Plum Radio may not have control over these third party web sites. You understand and agree that Plum Radio is not responsible for the content or availability of these other web sites, and does not endorse any advertisements, products or other material on such web sites.

Notice

Plum Radio may send notifications, whether required by law or for business related purposes, including marketing, to you via electronic mail, mobile text message or notification, courier mail, or through posting on Plum Radio or any mobile phone or other Plum Radio application, at its sole discretion. Amendments to the Terms of Use or Privacy Policy published by Plum Radio shall be deemed effective upon publication (e.g., posting on www.plumradio.com). Plum Radio reserves the right to determine the form and means of providing notifications to you, provided that you have not, where applicable, opted out of receiving such notifications. Any notices to Plum Radio by You must be in writing and may either be sent via facsimile, electronic mail or overnight courier.

Governing law and venue

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, without reference to its choice of law provisions thereof. You agree that any legal action or proceeding with respect to any dispute arising from the Services or the Terms of Use shall be brought in the courts of the State of New York located in New York County or in the United States District Court for Southern District of New York and You consent to the exclusive jurisdiction of these Courts.

Entire agreement

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT, COMPLETELY UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN PLUM RADIO AND YOU AND THAT IT SUPERSEDES ALL PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND PLUM RADIO RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

For any Additional Information please e-mail legal@plumradio.com

Artists

Plum Radio Inc. (“Plum Radio”) provides a streaming radio service (“Services”) that allows recording artists (“Artists”) and record labels (“Labels”) the ability to submit music for use on Plum Radio’s Service, and which may be further distributed by Plum Radio, in its sole discretion, to DJs for purposes of preparing mixes of music (“Mixes”) that are uploaded on Plum Radio’s website and streamed to Plum Radio’s users via various online and mobile applications.

Your submission of materials to Plum Radio and use of or subscription to Plum Radio’s website (www.plumradio.com) (the “Website”) and its Services provided thereby is governed by these Terms of Use (the "Terms").

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT CAREFULLY AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS, AND AGREE THAT THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN PLUM RADIO AND YOU (I.E., AN ARTIST OR LABEL WHO HAS SUBMITTED MUSICAL COMPOSITIONS OR OTHER CONTENT TO PLUM RADIO). YOU FURTHER AGREE THAT YOUR USE OF PLUM RADIO’S SERVICES WILL COMPLY WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS AT ALL TIMES DURING YOUR USE OF THE SERVICES. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES.

Plum Radio reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time and from time to time with or without specific notice to you other than through posting such modified Terms on www.plumradio.com/legal. The Terms will be identified as of the most recent date of revision. Notwithstanding the preceding sentences, no modifications to these Terms will apply to any dispute between you and Plum Radio that arose prior to the date of such modification. For the avoidance of doubt, the foregoing limitation will not apply to changes made to these Terms necessary to ensure continued compliance with any statutory licenses contained in the United States Copyright Act. Please check these Terms periodically for changes. Your continued use of Plum Radio Services and submitting of materials to Plum Radio after the posting of changes constitutes your binding acceptance of such changes. If you are dissatisfied with Plum Radio Services or the Terms or the Privacy Policy, then you agree that your sole and exclusive remedy is to discontinue any use of Plum Radio Services and to no longer submit materials to Plum Radio.

General

Plum Radio permits the submission of musical compositions and other content by you (collectively, "User Submissions"), which may then be used by Plum Radio and distributed by Plum Radio to the DJs that utilize Plum Radio’s Services. User Submissions are utilized for entertainment, promotional and informational purposes only and are not controlled by Plum Radio. Plum Radio makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. Plum Radio may remove any User Submissions from the Plum Radio Website at any time in its sole discretion, with or without notice, including, but not limited to, any User Submissions that request, facilitate or support the unauthorized sharing of copyrighted material or the identification of the sound recordings comprising a mix. You understand that whether or not User Submissions are published, Plum Radio does not guarantee any confidentiality with respect to any User Submissions. In the event of a dispute between two or more Users with respect to any User Submissions, Plum Radio reserves the right, in its sole discretion, to deny one or more users of the use of any name, including trademarked names, without liability to any Users and grant use rights to a single User. If two or more Users claim the rights to any name, then Plum Radio may, in its sole discretion, suspend the use of such name until the parties agree between or among themselves as to the parties’ respective rights in and to such names or until such time as a court of competent jurisdiction, in a final, non-appealable decision, resolves the parties’ respective rights in and to such name.

Grant of Rights

You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Plum Radio, you hereby grant Plum Radio and its affiliates a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions in connection with the Plum Radio Services and Plum Radio' (and its successor's) business, including, without limitation, for promoting and redistributing part or all of the Plum Radio Services (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You hereby grant Plum Radio and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submission if they choose to do so. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each DJ that utilizes the Plum Radio Services a non-exclusive license to access your User Submissions, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Plum Radio Services and these Terms. You also hereby grant to each user of the Services a non-exclusive license to access your User Submissions through the Website.

Representations and Warranties

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (a) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Plum Radio to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Plum Radio and these Terms, and to grant the rights and license set forth above; (b) that you or, if you are not the author, the authors of the musical compositions submitted by you are affiliated with BMI, ASCAP, or SESAC; (c) the sound recordings submitted by you are authorized for performance within the United States; and (d) your User Submissions, Plum Radio' use of such User Submissions pursuant to these Terms , and Plum Radio' exercise of the license rights set forth above, do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) violate any applicable law or regulation.

Prohibited Uses

In connection with your User Submissions, you further agree that you will not: (a) publish falsehoods or misrepresentations that could damage Plum Radio or any third party; (b) intentionally misidentify the identifying information of User Submissions; (c) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (f) post User Submissions that would be harmful to minors in any manner.

By using the Services and submitting User Submissions to Plum Radio you acknowledge and agree that:

  1. The User Submissions on Plum Radio remains your property and sole responsibility.
  2. You will properly identify the User Submissions submitted including properly identifying the authors of all musical compositions submitted to Plum Radio.
  3. The User Submissions may be protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws, any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
  4. You must not submit, upload, display, send, transmit or otherwise make available any music or other materials in which you do not have the appropriate rights to do so. Unauthorized copying, distribution, modification, display, public performance or other unauthorized use of copyrighted works by you may constitute an infringement of the copyright holders' rights and may result in civil litigation and criminal prosecution. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy.
  5. Plum Radio, by providing you with the ability to submit your music, is merely acting as a passive conduit (host/service) for distribution and promotion of such materials, and that Plum Radio, to the extent permissible by law, is not undertaking and does not undertake any obligation or liability relating to the User Submissions or to your activities.
  6. Plum Radio and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the User Submissions via the Website and Services, including, but not limited to, claims for libel, slander, defamation, invasion of privacy and publicity rights, pornography, obscenity, fraud, or misrepresentation.
  7. Plum Radio has the right, but not the obligation, to use and sell information relating to the information you provide to us. (To learn more about the data we collect, please visit our Privacy Policy.)
  8. Plum Radio reserves the right to reject, block, remove or delete any User Submissions, communications, postings, and/or other data or information if Plum Radio, in its own sole discretion, has reason to believe that such User Submissions and/or other data or information may infringe the rights of a third party, and in particular if Plum Radio deems such User Submissions and/or other data to be
    1. misleading, fraudulent, or deceptive; or
    2. defamatory, abusive, or obscene; or
    3. possibly in violation of a copyright, trademark, patent, trade secret, or other intellectual property right; or
    4. possibly in violation of any applicable law or regulation; or
    5. otherwise unacceptable.

Indemnification

You agree to indemnify, hold harmless, and keep Plum Radio, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these Terms, including, without limitation: (a) your use of the Services; (b) your violation of these Terms or any law, rule or regulation; (c) the use of your User Submissions; or (d) the placement or transmission of any of your User Submissions on or through the Website. You will cooperate as fully and reasonably as required by Plum Radio in the defense of any claim. Notwithstanding the foregoing, Plum Radio retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Plum Radio herein under the terms and provisions of these Terms and in no event shall you settle any such claim without Plum Radio 's prior written approval.

Termination of your use of the Services

If you violate any of Plum Radio’s Terms of Service, Plum Radio may, in addition to any other rights and remedies it may have at law or in equity, immediately terminate the use of your User Submissions and reject any additional submissions from you without notice and without liability. Plum Radio reserves the right at any time to suspend, discontinue, terminate close down its Website and/or Services (or any part thereof), temporarily or permanently, without notice.

You agree that Plum Radio and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any suspension or discontinuance of the Website and/or Services and/or your possibility to use or access Plum Radio's Website and/or Services.

Music; Digital Millennium Copyright Act

Plum Radio pays royalties to ASCAP, BMI and SESAC for the public performance of musical works. Additionally, with respect to the reproduction and performance of sound recordings, Plum Radio has elected to operate under the statutory webcasting licenses codified in Sections 112 and 114 of the Copyright Act, has filed a Notice of Use of Sound Recordings Under Statutory License with the United States Copyright Office, and pays royalties to SoundExchange, Inc., the sole entity designated by the Copyright Royalty Board to receive royalty payments from eligible non-subscription transmission services.

If you own intellectual property or are the agent for an owner of intellectual property, and you believe either: (1) that any music on the Plum Radio Service has not been distributed to the public under the authority of the copyright owner of such music and the copyright owner has not otherwise permitted Plum Radio to transmit the sound recording or (2) if any other intellectual property hosted on the Plum Radio Service infringes your intellectual property rights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Plum Radio' Designated Agent with the following information in writing:

  1. physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. of the works or materials claimed to have been infringed, or, if multiple works or materials on the Plum Radio Service are covered by a single notification, a representative list of such works on the Plum Radio Service;
  3. of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Plum Radio to locate the material;
  4. reasonably sufficient to permit Plum Radio to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
  6. statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please consult your legal counsel or see 17 U.S.C. § 512 to confirm these requirements.

Plum Radio does not permit infringement of intellectual property rights on the Plum Radio Service, and Plum Radio will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. It is Plum Radio' policy to respond promptly to notices of alleged infringement that comply with the DMCA. In addition, Plum Radio will promptly terminate without notice the accounts of users that are determined by Plum Radio to be "repeat infringers." A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.

Designated Agent Contact Information. Plum Radio' designated agent for notices of claimed infringement can be contacted at:

Via E-mail

copyright@plumradio.com

Via U.S. Mail

Plum Radio, Inc.
817 Broadway, 4th Floor
New York, NY 10003

Counter Notification. If you receive a notification from Plum Radio that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Plum Radio with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Plum Radio's Designated Agent through one of the methods identified herein, and include substantially the following information:

  1. physical or electronic signature of the subscriber;
  2. of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Plum Radio may be found, and that the subscriber will accept service of process from the person who provided notification under Section 17.3 above or an agent of such person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.

Plum Radio reserves the right to seek damages from any party that falsely submits a notification of claimed infringement or counter notification in violation of the law pursuant to Section 512 of the Copyright Act.

For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section 17 should be sent to the Designated Agent at copyright@plumradio.com or to the postal address identified above. Any other comments, compliments, complaints or suggestions about Plum Radio, the operation of the Service or any other matter should be sent to support@plumradio.com.

Waiver of Claims

YOU IRREVOCABLY WAIVE THE RIGHT TO ASSERT ANY CLAIM AGAINST PLUM RADIO OR ANY OF ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS OR SHAREHOLDERS IN RELATION TO THE USER SUBMISSIONS OR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, COPYRIGHT, TRADEMARK, UNFAIR COMPETITION, INVASION OF PRIVACY, BREACH OF CONTRACT OR BREACH OF CONFIDENTIALITY.

Governing law and venue

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, without reference to its choice of law provisions thereof. You agree that any legal action or proceeding with respect to any dispute arising from the Services or the Terms of Use shall be brought in the courts of the State of New York located in New York County or in the United States District Court for Southern District of New York and You consent to the exclusive jurisdiction of these Courts.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect.

Entire agreement

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT, COMPLETELY UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN PLUMRADIO.COM AND YOU AND THAT IT SUPERSEDES ALL PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND PLUM RADIO RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

For any Additional Information please e-mail legal@plumradio.com.

DJs

Plum Radio Inc. (“Plum Radio”) provides a streaming radio service (“Services”) that grants DJs access to Plum Radio’s proprietary method of uploading mixes of music (“Mixes”), and receiving music content directly from Plum Radio for their use, that will be streamed to Plum Radio’s users via various online and mobile applications.

Your use of or subscription to Plum Radio’s website (www.plumradio.com) (the “Website”) and its Services provided thereby is governed by these Terms of Use (the "Terms").

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT CAREFULLY AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS, AND AGREE THAT THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN PLUM RADIO AND YOU (I.E., A USER OR A MEMBER WHO HAS REGISTERED WITH PLUM RADIO). YOU FURTHER AGREE THAT YOUR USE OF PLUM RADIO’S SERVICES WILL COMPLY WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS AT ALL TIMES DURING YOUR USE OF THE SERVICES. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES.

Plum Radio reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time and from time to time with or without specific notice to you other than through posting such modified Terms on www.plumradio.com/legal. The Terms will be identified as of the most recent date of revision. Notwithstanding the preceding sentences, no modifications to these Terms will apply to any dispute between you and Plum Radio that arose prior to the date of such modification. For the avoidance of doubt, the foregoing limitation will not apply to changes made to these Terms necessary to ensure continued compliance with any statutory licenses contained in the United States Copyright Act. Please check these Terms periodically for changes. Your continued use of Plum Radio Services after the posting of changes constitutes your binding acceptance of such changes. If you are dissatisfied with Plum Radio Services or the Terms or the Privacy Policy, then you agree that your sole and exclusive remedy is to discontinue any use of Plum Radio Services.

Grant of Rights

You shall retain all of your ownership rights in the Mixes you upload on Plum Radio. However, by submitting Mixes to Plum Radio, you hereby grant Plum Radio and its affiliates a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your Mixes in connection with Plum Radio’s Services, including, without limitation, for promoting and redistributing your Mixes (and derivative works thereof) in any media formats and through any media channels. You hereby grant Plum Radio and its affiliates and sublicensees the right to use the name that you submit in connection with such Mixes if they choose to do so. You also grant each and every other registered user of the Website a worldwide, non-exclusive, irrevocable, royalty-free, fully paid up, non-transferrable license to use, stream, your Mixes and/or otherwise render your content on their access devices. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Mixes. You also hereby grant to each user of the Services a non-exclusive license to access your Mixes through the Website, and to use, such Mixes as permitted by the functionality of the Services and these Terms.

By using the Services you acknowledge and agree that:

  1. The Mixes on Plum Radio remain your property and sole responsibility.
  2. You will fill in or otherwise edit the appropriate track list information regarding the Mixes you upload including providing complete artist names, song titles, and start times. Plum Radio and its Services are not responsible for inaccurate track listing or identification of rights holders for the Mixes.
  3. The Mixes and the songs contained therein may be protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
  4. You must not upload, display, send, transmit or otherwise make available any music or other Mixes in which you do not have the appropriate rights to do so. Unauthorized copying, distribution, modification, display, public performance or other unauthorized use of copyrighted works by you may constitute an infringement of the copyright holders' rights and may result in civil litigation and criminal prosecution. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy.
  5. Plum Radio, by providing you with the ability to distribute your Mixes, is merely acting as a passive conduit (host/service) for distribution and promotion of such Mixes, and that Plum Radio, to the extent permissible by law, is not undertaking and does not undertake any obligation or liability relating to the Mixes or to your activities.
  6. Plum Radio and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to generally monitor the Website for inappropriate Mixes or other content uploaded by you.
  7. Plum Radio and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the Mixes via the Website and Services, including, but not limited to, claims for libel, slander, defamation, invasion of privacy and publicity rights, pornography, obscenity, fraud, or misrepresentation.
  8. Plum Radio has the right, but not the obligation, to use and sell information relating to the Mixes and the information you provide to us. This includes information collected from track lists and any additional data collected from you. (To learn more about the data we collect, please visit our Privacy Policy.)
  9. Plum Radio reserves the right to block, remove or delete any Mixes, communications, postings, and/or other data or information if Plum Radio, in its own sole discretion, has reason to believe that such Mixes and/or other data or information may infringe the rights of a third party, and in particular if Plum Radio deems such Mixes and/or other data to be
    1. misleading, fraudulent, or deceptive; or
    2. defamatory, abusive, or obscene; or
    3. possibly in violation of a copyright, trademark, patent, trade secret, or other intellectual property right; or
    4. possibly in violation of any applicable law or regulation; or
    5. otherwise unacceptable.

Representations, warranties and covenants

You represent and warrant that (a) the sound recordings in the Mixes are either your own works, or alternatively that all of the authors of the songs in your Mixes are affiliated with BMI, ASCAP, or SESAC, (b) the sound recordings within the Mixes are authorized for performance within the United States, (c) you own or have all necessary rights, licenses, consents and permissions to use, (d) you have sufficient rights in your Mixes to grant such rights to Plum Radio, and (e) the posting of your Mixes on or through the Website does not violate the copyrights, publicity rights, contract rights, privacy rights or any other rights of any person or entity. With regard to sound recordings uploaded by you that are not your own, you agree to comply with the following requirements imposed by the Digital Millennium Copyright Act (DMCA), which prohibit you from:

  1. Publishing in a program schedule that discloses in advance the titles of the specific songs, albums, or artists in your mix;
  2. Playing in your mix within a three-hour period more than three different songs from the same album in a row; and
  3. Playing in your mix four different songs from the same artist or four different songs from the same compilation if more than three of such songs are transmitted in a row.

Indemnification

You agree to indemnify, hold harmless, and keep Plum Radio, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these Terms, including, without limitation: (a) your use of the Services; (b) your violation of these Terms or any law, rule or regulation; (c) your use of the Mixes; or (d) your placement or transmission of any of your Mixes or any other content or materials on or through the Website. You will cooperate as fully and reasonably as required by Plum Radio in the defense of any claim. Notwithstanding the foregoing, Plum Radio retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Plum Radio herein under the terms and provisions of these Terms and in no event shall you settle any such claim without Plum Radio 's prior written approval.

Termination of your use of the Services

If you violate any of Plum Radio’s Terms of Service, Plum Radio may, in addition to any other rights and remedies it may have at law or in equity, immediately terminate your use of the Services without notice and without liability. Plum Radio reserves the right at any time to suspend, discontinue, terminate close down its Website and/or Services (or any part thereof), temporarily or permanently, without notice.

You agree that Plum Radio and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any suspension or discontinuance of the Website and/or Services and/or your possibility to use or access Plum Radio's Website and/or Services.

Waiver of Claims

YOU IRREVOCABLY WAIVE THE RIGHT TO ASSERT ANY CLAIM AGAINST PLUM RADIO OR ANY OF ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS OR SHAREHOLDERS IN RELATION TO THE MIXES GENERATED, UPLOADED, TRANSMITTED VIA YOUR ACCOUNT OR OTHERWISE USED ON THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, COPYRIGHT, TRADEMARK, UNFAIR COMPETITION, INVASION OF PRIVACY, BREACH OF CONTRACT OR BREACH OF CONFIDENTIALITY.

Governing law and venue

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, without reference to its choice of law provisions thereof. You agree that any legal action or proceeding with respect to any dispute arising from the Services or the Terms of Use shall be brought in the courts of the State of New York located in New York County or in the United States District Court for Southern District of New York and You consent to the exclusive jurisdiction of these Courts.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect.

Entire agreement

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT, COMPLETELY UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN PLUMRADIO.COM AND YOU AND THAT IT SUPERSEDES ALL PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND PLUM RADIO RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

For any Additional Information please e-mail legal@plumradio.com.

Privacy Policy

Plum Radio Services, including the Plum Radio Website - https://plumradio.com, is owned and operated by Plum Radio, Inc. ("Plum Radio" or "We"). We understand you value your privacy. At Plum Radio, we want to make your experience online satisfying and safe. This statement governs information you provide to us or we learn from your use of Plum Radio’s Services and tells you how we may collect, use and, in some instances, share this information.

The Information Plum Radio Collects

Information You Provide. You may provide to Plum Radio what is generally called "personally identifiable" information (such as your name, age, zip code, email address, credit card number, postal mailing address, and telephone numbers) if you use certain services or products from Plum Radio’s Services or otherwise use the features and functionality of Plum Radio’s Services.

When you access Plum Radio’s Services (including through your computer or your mobile device) or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This "automatically collected" information may include Internet Protocol address ("IP Address"), a unique user ID, version of software installed, system type, your listening preferences, the content and pages that you access on Plum Radio’s Services, and the dates and times that you visit the Plum Radio Website.

When you access Plum Radio’s Services, we may send one or more cookies — small text files containing a string of alphanumeric characters — to your computer. Plum Radio may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to Plum Radio’s Services in order to improve your experience, as explained herein. Persistent cookies can be removed. Please review your web browser "Help" file to learn the best way to modify your cookie settings.

Your Information

Plum Radio uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on Plum Radio’s Services as well as to track Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act and other applicable laws.

We may use your email address, without further consent, for administrative communications such as notifying you of major Plum Radio Services updates, for customer service purposes, and to send privacy or security related notices.

Plum Radio uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way Plum Radio’s Services works and looks, and to create new features and functionality.

Plum Radio may use "Automatically Collected" information and "Cookies" information to: (a) automatically update the Plum Radio application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access Plum Radio’s Services; (c) provide customized third-party advertisements, content and information both on and off Plum Radio’s Services; (d) monitor and report on the effectiveness of third-party marketing campaigns; (e) monitor and report aggregate usage metrics such as total number of visitors and pages accessed; and (d) track your entries, submissions, and status in any promotions or other activities.

Plum Radio does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent. Please be aware, however, that any personally identifiable information that you voluntarily choose to display on any publicly available portion of Plum Radio’s Services — such as when you publish contact information to complete your profile information — becomes publicly available and may be collected and used by others without restriction.

Plum Radio may disclose Automatically Collected and other aggregate and/or anonymous non-personally-identifiable information (such as IP addresses, anonymous User usage data, listening preferences, referring or exit pages and URLs, platform types, number of clicks) with interested third parties to assist those parties in understanding the usage and demographic patterns for certain content, services, advertisements, promotions, or other functionality on Plum Radio’s Services.

We may disclose some limited User information to affiliated companies or other businesses or persons to: provide website hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist Plum Radio in improving Plum Radio’s Services and creating new services features. We contractually require that these parties process such information in compliance with this Privacy Policy, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.

Plum Radio may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright or trademark law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.

Plum Radio also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; enforce our Terms of Use; protect Plum Radio from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of Plum Radio’s Services; or to protect the rights, property, or personal safety of Plum Radio, our Users, or others.

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

Plum Radio does not provide your personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Plum Radio to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.

You should consult the respective privacy policies of these third-party ad servers or ad networks for further information. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or websites. Plum Radio reserves the right the add or remove third-party ad networks or ad servers in its discretion and Plum Radio may not at all times list such updated ad network or ad server partners in this Privacy Policy.

Plum Radio uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Plum Radio, and you do so at your own risk. Once we receive your transmission of information, Plum Radio makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Plum Radio learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Plum Radio may post a notice on Plum Radio’s Services if a security breach occurs.

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS PLUM RADIO’S SERVICES OR THE PLUM RADIO WEBSITE AT ANY TIME OR IN ANY MANNER. Protecting the privacy of young children is especially important. For that reason, Plum Radio does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If Plum Radio learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through Plum Radio’s Services, then Plum Radio will take the appropriate steps to delete this information.

If you are the parent or legal guardian of a child under 13 who has become a Plum Radio Services member, then please contact Plum Radio at legal@plumradio.com to have that child's account terminated and information deleted.

For Users visiting Plum Radio’s Services from the European Union or other non-U.S. territories, please note that any data you enter into Plum Radio’s Services will be transferred outside the European Union or such other non-U.S. territory for use by Plum Radio and its affiliates for any of the purposes described herein. By providing any data on Plum Radio Services, you hereby expressly consent to:

In the event that Plum Radio is acquired by or merged with a third-party entity or ever files for bankruptcy, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control. Information Plum Radio receives from you may be considered an asset subject to bankruptcy could jurisdiction and disposition pursuant to procedures thereunder.

Except as otherwise expressly provided otherwise, this document addresses only the use and disclosure of information we collect from you or that you disclose to us. If you disclose your information to others besides Plum Radio, whether they are users of Plum Radio’s Services or on other sites or services, different rules may apply to their use or disclosure of the information you disclose to them. Plum Radio does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a "last modified" date below. Please revisit this page to stay aware of any changes. In general, we only use your information in the manner described in the Privacy Policy in effect when we received that information, unless you agree otherwise. Your continued use of Plum Radio Services constitutes your agreement to this Privacy Policy and any future revisions.

For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.