TERMS & CONDITIONS

THE SERVICE

www.Pitchthetempo.com is a service designed for working professional DJs only. This service is not available to the general public.

All the files provided on www.Pitchthetempo.com are provided to our “users” for promotional review for airplay or live play consideration and may not be sold, licensed, or redistributed without the express written consent all copyright holders respectively.
Originals & Remixes are submitted to us from Record Labels, 3rd party promotion companies, and producers. You can browse and preview music on the site for free as a visitor.

By agreeing to these Terms Of Service you certify that you are a working professional DJ in one of the following fields. Radio, College Radio, Satellite Radio, Internet Radio, Nightclub, Festival, Mobile or Special Events and that you understand fully that you are not paying for the files on www.Pitchthetempo.com You are paying for a membership package. The subscription fees collected from these membership packages permit us to provide this service to our working professional DJs (“users”).

This service is a renewing contract that will automatically renew at the end of the subscription period unless canceled by the user before the renew date. No refunds will be given if the subscription is not used for the term of the subscription period.

All subscriptions & fees paid to the
www.Pitchthetempo.com are non-refundable.

You must be at least 18 years of age to enroll in the Service or at least 13 years old and have the permission of your parent(s) or legal guardian(s) to use the Site. Parent(s)/guardian(s) should be aware that there may be access to explicit lyrics on this Site.

PTT’s Right To Amend Terms Of Use

PTT reserves the right to change these Terms of Use or the Privacy Policy from time to time without notifying you. If you object to any such changes, you should cease using the Site. Continued use of the Site following the effective date any such changes indicates your acknowledgement of such changes and agreement to be bound by the modified Terms of Use and/or Privacy Policy. PTT may remove all or part of the Site at any time without notice and is not obligated to retain or return any submission, post, or comment. If you do not agree to any of these Terms of Use or the Privacy Policy, or do not have the capacity to enter into contracts, please do not use the Site.

ACCOUNT RESPONSIBILITIES

Your account with PTT requires a username and a password for access and functionality of the Site (your “Account”). You agree to take full responsibility for the following:

(i) keeping your password confidential and not disclosing it to any other party,

(ii) not sharing your Account’s use with anyone else.

PTT will never authorize you to share your account with anyone except in writing. You are solely and entirely responsible for all activities that occur under your account. If you suspect or know that your Account is being used in an unauthorized manner, you must notify PTT immediately. Although PTT will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PTT or others due to such unauthorized use.

You represent and warrant that any information pertaining to your account and submitted to PTT is true, accurate, and complete. You further agree to update it as soon as any part of the information changes.

USE, LIMITATIONS, AND DISCLAIMER OF THE SITE

You acknowledge and agree that using the Service gives you no rights to copy, reproduce, or in any way infringe on the copyrights or other intellectual property of any Content on the Site, as more fully explained below. PTT has the right to cancel and terminate your subscription and right to access the Site at any time if it believes you are engaging in such behavior. If your account is terminated, you will have no right to a refund.

You understand that when using PTT, that PTT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to the content you may discover on the Site. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PTT with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless PTT, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the PTT.

INTELLECTUAL PROPERTY CONTENT ON THE SITE

This Site, including all Content, is protected by copyright laws and treaty provisions regardless if a copyright notice is present on the Content. All information, data, text, software, music, sound, photographs, images, graphics, video, messages or other Content on this Site is subject to the copyrights and other intellectual property rights of PTT, its affiliates, and/or its licensors or licensees. You agree to comply with all copyright laws in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, PTT does not grant any express or implied right to you for any of its or its licensors’ patents, trademarks, copyrights, or other intellectual property.

Subject to your continued compliance with these Terms of Use, PTT grants you a non-exclusive, non-transferable, limited right to access, use, display, and interact with this Site and its Content. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute PTT’s or its licensors’ claims of ownership or validity of its rights in the Content on this Site.

PTT authorizes you to access, preview, or download the Content at this Site only for your own use. PTT may suspend or terminate this authorization at any time, for any reason. This authorization is not a transfer of title in the Content and copies of the Content are subject to the following restrictions:

• Any downloaded Content must retain any proprietary notice contained on such Content as it appears on the Site;
• Unless you have a valid contract between you and PTT, no portion of the Content may be distributed, disclosed, copied, reproduced, displayed, published, transmitted, assigned, sublicensed, transferred, or used or sold, other than for use by a DJ at a live performance; and
• All Content is subject to the intellectual property rights of the uploader, who gave us a license to offer their content pursuant to the terms of the Service. PTT is not responsible for any use of Content in an unauthorized way. If you use the Content in an unauthorized manner, not only will you be in breach of this Agreement, but the intellectual property rights holder may pursue any and all legal claims against you.

WHEN USING THE SITE OR CONTENT, YOU MAY NOT:

• Upload, post, e-mail or otherwise transmit any software viruses, files or programs intended to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any electronic system;
• Interfere with or disrupt, or attempt to interfere with or disrupt, the Content or servers or networks connected to the Site;
• Violate these Terms of Use or any applicable local, state, national, or international law, rule, regulation or ordinance;
• Engage in any fraudulent activity or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the Content or the Site;
• Unless you have a valid contract between you and PTT, no use of any robot, software bot, spider, other automatic or manual process to monitor or copy the Site or any of its Content is authorized; or
• Use any apparatus, automatic or manual process to interfere or attempt to interfere with the proper functioning of the Site or the display of its Content.

USER CONTENT

Subscribers may post, upload and/or contribute their own content to the Site, including pictures, text, music, and other media as may be appropriate. You are solely responsible for your posts, and you agree to post any User Content consistent with the Terms of Use. PTT may at any time delete or remove uploads for any reason. PTT will make its best efforts to ensure that the Term of Use are complied with by every user or Subscriber, however PTT cannot always ensure universal compliance at any one time, and therefore is not liable for any such transgression.

LICENSE FOR UPLOADING CONTENT

You acknowledge and agree to only upload content to the Site for which you have either the express, written, permission of the content’s owner or you are the owner of the content yourself. You understand and agree that any content you upload to the Site can and may be used by others pursuant to the Service the Site provides, and that you have the full permission of the intellectual property rights owner or as the intellectual property rights owner to use the content in this fashion.

LICENSE FOR ACCESSING CONTENT

You acknowledge and agree to only preview Content from the Site for use pursuant to the terms of the Service as defined below and as defined in our general Terms of Use. You agree to only use song previews for the live performances, and you agree that you will not copy or reproduce, cause to copy or reproduce, or permit others at the venue to copy or reproduce the Content.

DISCLAIMER

Pitch the Tempo unequivocally assumes no responsibility for Music (complete songs, remixes, mashups or otherwise) submitted by the user(s) to this share platform, and claims no rights, royalty’s or ownership whatsoever. The USER(S) bear absolute responsibility for all music they submit to this share platform. Pitch the Tempo DOES NOT knowingly support the unauthorized use of music.

LIMITATION OF LIABILITY

PTT, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SITE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS, OR COMPUTER VIRUSES. PTT MAY, IN ITS SOLE DISCRETION, CORRECT ANY ERROR OR OMISSION IN ANY PORTION OF THE SITE OR ITS CONTENT. YOU AGREE TO RELEASE, HOLD HARMLESS, AND INDEMNIFY PTT FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM INCORRECT OR INCOMPLETE INFORMATION ON THE SITE.

INDEMNITY

You agree to indemnify and hold harmless PTT and its affiliates and their respective officers, agents, partners, directors, employees, and any other related party from and against any third-party claims or demands (including reasonable attorneys’ fees), resulting from your use of the Site. You will fully cooperate as reasonably required in the defense of any such claim or demand. PTT, at its sole discretion, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense. Neither you nor PTT shall in any event settle any such matter without the written consent of the other.

CHOICE OF FORUM AND CHOICE OF LAW

The Terms of Use, Privacy Policy and all other matters pertaining to the Site shall be governed by and construed in according to the laws of the WHERE without regard to WHERE’s choice of law rules. The parties intend that the internal laws and forum of WHERE shall govern any and all disputes arising out of or relating to the Terms of Use, Privacy Policy or any other matters pertaining to the Site. You consent to the jurisdiction of the state and federal courts of the State of WHERE for all legal purposes, including but not limited to injunctive relief, enforcement of an arbitration award, and consent to service of process by mail for purpose of instituting such legal proceedings.

SEVERABILITY

If any portion of the Terms of Use or Privacy Policy is found to be or becomes illegal, invalid, or unenforceable in any respect, such part shall be severed from the Terms of Use or Privacy Policy without invalidating or affecting the remaining provisions or their respective enforceability.

WAIVER

No waiver by PTT of any right under or term or provision of the Terms of Use or Privacy Policy will be deemed a waiver of any other right, term, or provision of the Terms of Use or Privacy Policy at any time.

THIRD PARTY LINKS

The Site may include links to other websites or locations some of which may be operated by PTT or its affiliates, and others operated by third parties. These links are merely for convenience to you. We have not appraised the information or content found on other sites. We are therefore not responsible for such information or content of those other sites or any products or services that may be offered through other sites. As such, any link offered is not an endorsement of the respective site or of the content on it. Further, any site we link to may contain its own terms of service, which you should read and to which adhere.