Terms of Service
Your Agreement for Using Impulse Tunes.
Welcome to Impulse Tunes! These Terms of Service (“Terms”) govern your access to and use of the Impulse Tunes website, services, and applications (collectively, the “Service”). The Service is operated by The Impulse Tunes Media (“Impulse Tunes,” “we,” “us,” or “our”), a media company established in Ghana with a global presence.
By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms, our Artist Agreement, and our Cookie Policy. If you do not agree with these Terms, please do not use the Service.
1. Eligibility and Account Registration
- Age Requirement: You must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater, to use the Service. If you are under this age, you may only use the Service with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms.
- Account Creation: To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
- Account Security: You are responsible for safeguarding your password and for any activities or actions under your account. Impulse Tunes cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account and password.
- Legal Entity: If you are registering an account on behalf of a company, label, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2. Your Content
- Ownership: You retain all ownership rights in your audio recordings, musical compositions, lyrics, artwork, metadata, and any other content you submit to the Service (“Your Content”). Impulse Tunes does not claim any ownership rights over Your Content.
- License Grant: By submitting Your Content to Impulse Tunes, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit Your Content in connection with the Service and Impulse Tunes’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. This license is further detailed in our separate Artist Agreement.
- Representations and Warranties: You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Impulse Tunes to use Your Content as contemplated by these Terms and the Artist Agreement. You further warrant that Your Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
- Content Standards: You agree not to submit any content that is unlawful, harmful, defamatory, obscene, infringing, invasive of privacy, hateful, or racially, ethnically, or otherwise objectionable. Impulse Tunes reserves the right to remove any content that violates these Terms or is otherwise objectionable, at its sole discretion, without prior notice.
3. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:- Using the Service for any illegal purpose or in violation of any local, national, or international law, including without limitation copyright and other intellectual property laws.
- Uploading or transmitting any viruses, worms, defects, Trojan horses, or any other destructive items.
- Interfering with or disrupting the integrity or performance of the Service or data contained therein.
- Attempting to gain unauthorized access to the Service or its related systems or networks.
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Collecting or storing any personally identifiable information from the Service without the express permission of the users.
- Using the Service for any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
4. Royalties and Payments
Details regarding royalty collection, payment thresholds, payment schedules, and methods are governed by our **Artist Agreement**, which is incorporated into these Terms by reference. You acknowledge and agree to comply with the terms set forth in the Artist Agreement regarding all financial matters.5. Intellectual Property Rights of Impulse Tunes
The Service, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Impulse Tunes Media, its licensors, or other providers of such material and are protected by Ghana and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as generally permitted through the Service’s functionality.6. Disclaimers and Limitation of Liability
- “AS IS” Basis: The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
- No Guarantees: Impulse Tunes does not warrant that the Service will be uninterrupted, secure, or error-free; that defects will be corrected; that the Service is free of viruses or other harmful components; or that the results of using the Service will meet your requirements.
- Limitation of Liability: To the fullest extent permitted by applicable law, in no event shall Impulse Tunes Media, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
- Total Liability: Impulse Tunes’s total liability to you for any and all claims arising out of or relating to these Terms or your use of the Service shall not exceed the amount paid by you to Impulse Tunes in the six (6) months preceding the claim.
7. Indemnification
You agree to defend, indemnify, and hold harmless Impulse Tunes Media and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:- Your violation of these Terms or any applicable law or regulation.
- Your use of the Service, including, but not limited to, Your Content.
- Your infringement of any intellectual property or other right of any person or entity.
8. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of **Ghana**, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within **Ghana** to resolve any legal matter arising from these Terms or the Service.9. Changes to Terms of Service
We reserve the right to modify or replace these Terms at any time, at our sole discretion. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.10. Miscellaneous
- Entire Agreement: These Terms, together with the Artist Agreement and Cookie Policy, constitute the entire agreement between you and Impulse Tunes regarding the Service.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Impulse Tunes’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign any of your rights or obligations under these Terms without our prior written consent. Impulse Tunes may assign its rights and obligations at any time without notice to you.