Terms & Conditions 

MyPart's T&C​

1. MyPart Users Abide

  1. By using or visiting the MyPart website www.mypart.com (the “Website”) or any MyPart services provided to you (“You” or “User”) on, from, or through the MyPart website (collectively the "Service"), You accept and agree to (1) these terms and conditions (the "Terms of Service"); and (2) the MyPart Privacy Policy (the "Privacy Policy"), found at www.mypart.com/Privacy and incorporated herein by reference. These Terms of Service apply to all Users of the Service.
  2. If You do not agree to the Terms of Service or the Privacy Policy, You may not use the Service.
  3. By using the Website and/or the Service, You acknowledge that You fully understand and agree to the provisions set forth herein including the rights that You are granting to MyPart hereunder without reservation of any kind.
  4. MyPart may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and by continued use of the Service You agree to be bound to the modified or revised Terms of Service.
  5. You acknowledge that You are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into – and abide by -- the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service. However, even if You are not competent to enter into a legal agreement, if You knowingly accept and enjoy the benefits of the Service and the Website, then You will be deemed bound to the undertakings in the Terms of Service.
  6. You affirm that You are over the age of 13, as the Service is not intended for children under 13. If You are under 13 years of age, then You may not use the Service and should immediately stop any use of the Website and the Service.



2. Let’s Get it On

  1. To access the Service, You must create a MyPart account (referred to as your “Account”). You must provide accurate and complete information as You complete the Account setup. You – and no one else -- are responsible for the activity that occurs on your Account, and You must keep your account username and password (your “Credentials”) secure. You may not permit anyone to use your Credentials since use of your Credentials by any others is grounds for termination of your Account. Please notify MyPart immediately if You become aware of any unauthorized use of your Credentials and Account.
  2. Although MyPart will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses of MyPart or others due to such unauthorized use.
  3. The period of time that You are an authorized User of the Service is referred to as the “Membership Term”.



3. MyPart is in The House

  1. MyPart is a music industry platform that collects songs and prioritizes it for creative teams according to what they're looking for.
  2. There are two (2) types of MyPart Users:
    1. The “Songwriter” which is a User that uploads a “Song” (or several songs) created by the Songwriter to MyPart.com. A Songwriter can be a musician, composer, producer, remix artist or songwriter.
    2. The “Performing Artist” which is a User that is an industry player such as a well-known singer, rapper, songwriter, musician or even an entertainment industry professional, such as a manager, producer, director, artists and repertoire, music publisher, music supervisor, record label and representatives. MyPart has the sole right in its exclusive discretion to determine whether a User may be designated as a Performing Artist and to grant access to the Service to a User that has been designated as a Performing Artist.
  3. MyPart uses the term “Song” to describe original songs and/or lyrics uploaded to the Website by Songwriters. By Song we refer to following types of works: 1. Musical Works comprised of (i) musical compositions and/or song lyrics; (ii) recordings of the musical compositions. and (iii) remix and reproduction of musical compositions; 2. Audiovisual Works such as videos of the Songwriter performing the Song.
  4. The Service provides Songwriter Users with a direct pipeline to privately upload original Songs to your selected Performing Artists. The Service offers Performing Artists access to independently created original and customized works to explore, consider, license or acquire.
  5. A Songwriter may upload a single identifiable Song to only one (1) Performing Artist at a time. Once such a single identifiable Song has been uploaded for a particular Performing Artist, the Songwriter may not upload the same Song to any other Performing Artist for a period of three (3) months from the date of the upload (the “Viewing Period”).
  6. At the end of the Viewing Period, MyPart can choose to remove the Song from the selected Performing Artist’s queue, and it may then be uploaded by the Songwriter to another Performing Artist.
  7. As a condition to uploading a Song for delivery to a Performing Artist, you might be required to pay an upload fee (the “Upload Fee”).
  8. Songwriters hereby grant each selected Performing Artist a non-exclusive license to access the Song(s) uploaded by such Songwriter to the selected Performing Artist through the Service during the Viewing Period, and to view, assess, display and perform such a Song during the Viewing Period privately for non-commercial purposes only. In case a Performing Artist selects a Songwriter’s Song for potential commercial use (a “Successful Match”), MyPart will notify the Songwriter accordingly.
  9. MyPart has the unfettered right, in MyPart’s sole and exclusive discretion, to block delivery of any Songwriter’s Songs to a Performing Artist for any reason, including for any violations of the Terms of Service



4. We Are Your Champion

  1. MyPart wants to be your champion for success. In order to use the Service, and as a condition to receiving any benefits from use of the Service, all Songwriters hereby appoint MyPart as their agent, publisher, and representative for Songs uploaded to the Service, subject to Section 4(C) below. This includes the right to negotiate the licensing and/or sale of your Song on your behalf. You agree that You will not appoint any other agent or representative for the Song that You upload to the Service for the Membership Term.
  2. Subject to Section 4(C) below, You authorize MyPart to register the Song with the relevant performance rights organizations (e.g., ASCAP or BMI) (“PROs”) and other licensing agencies (e.g., The Harry Fox Agency) (the “Third-Party Registrations”). Such Third-Party Registrations will be made in accordance with the then current rules, membership terms and conditions of the applicable PRO or licensing organization and will require the payment of the applicable fees as specified by MyPart. For membership cancellation at any time, please see Section 10(b).
  3. In the event that a Songwriter has an existing written publishing arrangement and/or has registered their Song(s) with any of the PROs (referred to as a “Signed Songwriter”), MyPart will not be appointed as the Songwriter’s sole exclusive agent, and the following terms will supersede any conflicting terms in Sections 4(A), 4(B), and 6(C) for Signed Songwriters: Every Signed Songwriter and their agents, representatives and/or co-owners agree to negotiate the terms of the use of their Song solely and exclusively through MyPart, in the event of a Successful Match. MyPart’s compensation (including but not limited to commissions, royalties, and/or shares) will be negotiated and agreed to on a case by case basis after a Successful Match of a Signed Songwriter.
  4. By uploading a Song to the Service, You grant MyPart a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, transmit, adapt, edit, modify, publicly display, publish, perform, republish, promote, exhibit, create derivative works based upon, and otherwise use the Song, in connection with the Services in all media now known or hereafter developed, for promoting the Service in any media formats and through any media channels, whether now known or existing in the future throughout the world during the Membership Term.
  5. So that MyPart may maximize the potential opportunity for each Songwriter and uploaded songs, the Songwriter hereby grants MyPart the right to use and authorize others to use the Songwriter’s name, signature, likeness, image and biographical material in connection with the Songwriter’s Song uploaded to the Service throughout the world (the “Territory”).
  6. In the event that You become aware of potentially unauthorized or unlicensed use (an “Unauthorized Use”) of your Song, You agree to notify MyPart in writing of such Unauthorized Use before undertaking any action against those purportedly responsible for such Unauthorized Use (“Unauthorized Users”). You hereby grant MyPart a right of first refusal (the “Right of First Refusal”) for the exclusive right to undertake any and all legal action against Unauthorized Users in connection with any such Unauthorized Use (“Enforcement Action”). If MyPart notifies You in writing that it elects not to undertake any Enforcement Action, then You may undertake any legal actions that You deem appropriate against Unauthorized Users.
  7. Unless You agree otherwise in writing with MyPart, and except as set forth herein, You retain all of your Intellectual Property Rights in your Song.



5. For MyPart’s Shining Stars

  1. By using the Service, Performing Artists will have a new source for original material that can be licensed or acquired through MyPart. As such, by using the Service, Performing Artists agree that they (and their professional representatives) will communicate and negotiate regarding Songs delivered through the Service solely and exclusively with MyPart on behalf of the Songwriters.
  2. Insofar as use limitations may inhibit Songwriters ability to develop new and original Songs for Performing Artist, Performing Artists hereby grant to Songwriters a limited, revocable, royalty-free, non-transferable license (including a synchronization license) of the Performing Artist’s existing musical compositions and recordings, names, and likenesses solely for non-commercial, non-public use and exclusively for the Songwriters development of a Song for non-public, private upload and delivery to such Performing Artist through the Service. This limited license does not allow the public performance, display, or publication of any derivative works using any Performing Artist’s Songs by Songwriters outside of the Service, which is expressly prohibited.
  3. Performing Artists hereby release and waive all claims against MyPart Songwriters for any liability based solely upon the use of Performing Artist’s copyrighted works, name, and likeness for creating the Song in accordance with the foregoing, but do not waive any claims against Songwriters for use of any Performing Artist’s Songs in violation of the Terms of Service.
  4. Performing Artists hereby release and waive all claims against MyPart, its officers, directors, and employees, relating to or arising from the distribution, performance, transmission, copying, and use, of the Performing Artist’s Songs through the Service by Songwriters.
  5. Performing Artists hereby grant MyPart a limited, revocable, royalty-free license to use the Performing Artist’s name, likeness, image, and biographical information on the Website in order to facilitate the marketing, promotion, and delivery of customized Songs for such Performing Artists.



6. We’re A Little Intellectual

  1. “Intellectual Property Rights” means all rights and interests in all (a) patents, utility models, patent applications, and continuing (continuation, divisional, or continuation-in-part) applications, re-issues, extensions, renewals, and re-examinations thereof and patents issued thereon; (b) registered and unregistered trademarks, service marks, trade names, domain names, and all of the associated goodwill; (c) registered and unregistered copyrights and all other literary and author’s rights or moral rights; (d) trade secrets, know-how, show-how, concepts, ideas, methods, processes, designs, discoveries, improvements, and inventions, whether or not patentable; (e) all other intellectual, industrial, and proprietary rights now or hereafter coming into existence throughout the world; (f) applications for and registrations, renewals, and extensions of any of the foregoing; and (g) exclusive and non-exclusive license rights to any of the foregoing.
  2. The term “MyPart Content” includes all Intellectual Property, including text, software, scripts, lyrics, written materials, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, user interface and user experience, the “look and feel,” and other elements subsisting in the Service.
  3. Except as permitted herein, You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any MyPart Content for any other purposes without the prior written consent of MyPart. MyPart reserves all rights not expressly granted in and to the Service and the MyPart Content. By using the Service or accessing the Website You do not acquire any rights in and to MyPart Content.
  4. You agree not to circumvent, disable or otherwise interfere with a technological measure that protects, prevents or restricts use or copying of any MyPart Content or otherwise enforces limitations on use of the Service or the MyPart Content therein.
  5. You are granted a non-exclusive, non-transferable, limited license to access and use the Service and MyPart Content. You may not copy or resell the Service. You may not exploit access to the Service or any portion of the Service, including the HTML, cascading style sheet or any visual design elements otherwise than for your own use pursuant to the Terms of Service.
  6. You are strictly prohibited from modifying, reverse engineering, adapting or otherwise tampering with the Service. You may not modify another website so as to falsely imply that such other website is associated with the Service, MyPart, or any other service provided by MyPart.
  7. You shall not use the Service in any manner which may infringe Intellectual Property Rights of MyPart or others, or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms of Service.
  8. You may not use the Service to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
  9. Except for the non-exclusive license granted pursuant to these Terms of Service, You acknowledge and agree that all ownership, licenses, Intellectual Property Rights and other rights and interests in and to the Service and the MyPart Content shall remain solely with MyPart. Users are not entitled or permitted to use the Service except through the medium of the internet-hosted version deployed by MyPart.
  10. MyPart reserves the right, at any time, in its sole discretion, to take any action deemed necessary with respect to Songs that violates the terms of these Terms of Service, including removal of such Songs.
  11. MyPart reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice.
  12. MyPart reserves the right to temporarily suspend access to the Service for operational purposes, including maintenance, repairs or installation of upgrades at any time and from time to time without notice.



7. We Need You to Keep a Secret

  1. “Confidential Information” means any information, technical data, or know-how considered proprietary or confidential by a party to these Terms of Service, including either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, personally identifiable information, pricing information, procedures, business and marketing plans or strategies, financial information, and business opportunities, including in writing, orally, or machine readable form.
  2. The parties agree to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except as necessary to perform its obligations under these Terms of Service.



8. MyPart Users Represent

  1. For the purposes of the Service, and any license and authority granted hereunder to MyPart, your Song also includes preliminary and subsequent versions of such work, including all drafts, revisions and parts thereof written in part or in and the title, themes, plot and other contents thereof and the characters, setting and story contained therein and all translations, adaptations and other versions thereof, including versions bearing another title, as well as any revisions and derivative works of the Song that has been uploaded to the Service.
  2. Your Song includes the expression of your Song in hard copy, electronic, and other versions, including, but not limited to, masters, audio computer files (including .wav; .mpeg; .mp3; .aiff; .aac; .wma); video and animation files (including, .avi.; .mpg; .mp4; .mov; .mpa; . gif; .flc; and .amc); and image files (including .gif; .jpeg; .png; and .eps).
  3. You shall be solely responsible for your own Song and the consequences of submitting your Song on the Service. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish the Song You submit.
  4. You further agree that the Song You submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material or You are otherwise legally entitled to post the material and to grant MyPart all of the license rights conveyed herein. By uploading your Song to the Service, You represent and warrant that You will not be in violation of any agreements or other rights or grants.
  5. You have obtained written and signed releases, waivers, and permissions regarding all third party artworks, trademarks, and other Intellectual Property appearing or contained in your Song. All employees and contractors who have made contributions to your Song have signed rights assignment or work-made-for-hire agreements with You granting ownership in any of their contributions to your Song to You.
  6. All Users other than Signed Songwriters represent and warrant that any and all Songs that are uploaded to the Service have not been registered with, or in any way represented or controlled by any PROs, and are not subject to any PROs membership/affiliation agreement.
  7. Songwriters acknowledge, agree, and understand that MyPart cannot offer Songwriters any assurance, guarantees, or commitments that Songwriters’ Song will be seen, evaluated, licensed, or acquired by any Performing Artist.
  8. Performing Artists acknowledge, agree, and understand that MyPart cannot offer Performing Artists any assurance, guarantees, or commitments that a Song created by Songwriters will be suitable, acceptable, or appropriate for consideration of viewing, licensing, or acquisition by Performing Artists.
  9. The Songwriters acknowledge and agree that in consideration of the proprietary nature of MyPart’s relationships with Performing Artists, MyPart would not undertake the representation of the Songwriters hereunder without the Songwriters’ appointment of MyPart as its agent, representative, and publisher, subject to Section 4(C) above. The Songwriters and Performing Artists further agree and acknowledge that they respectively shall not undertake any action, individually, or through any third parties, whether directly or indirectly, to cooperate, encourage, conspire, plan, or otherwise seek to frustrate, avoid, bypass, circumvent, obviate, or interfere with the payment to MyPart of any fees due hereunder.



9. You Are Outta Here

  1. Your Membership Term shall commence when You register for the Service and shall continue until such time as the Service expires or is terminated pursuant to these Terms of Service.
  2. You may cancel your membership with the Service at any time on thirty (30) days advance written notice by sending an email with the title “Cancellation” to [email protected].
  3. MyPart may terminate your membership with the Service immediately without notice due to breach of the Terms of Service or the Privacy Policy.
  4. Upon the effective date of termination or expiration of your Membership, MyPart is authorized to delete and destroy all Songs stored on the Service. MyPart shall have no obligation to notify any Users of the deletion of Songs.



10. They Are Going Down! – DMCA Takedowns

  1. Notification. If You are a copyright owner and believe that any Song infringes upon your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our specially designated DMCA copyright agent (the “Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    1. (i) A physical or electronic signature of a person authorized to act on your behalf; (ii) identification of all copyrighted works claimed to have been infringed; (iii) identification of the infringing material and information that will allow MyPart to locate the infringing material; (iv) your contact information so MyPart can reach You (address, telephone number and email address); (v) a statement that You have a good faith belief that use of the material is unauthorized; and (vi) a statement that your notification is accurate, and under penalty of perjury, that You are authorized to take the action described in your notification. You may direct copyright infringement notifications to our Copyright Agent at email: [email protected] If You do not carefully follow all of these instructions your DMCA notification may not be valid.
  2. Counter-Notification. If You believe that your Song 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 material in your Song, You may send a counter-notification to the Copyright Agent containing the following information: (i) your physical or electronic signature; (ii) identification of the Song that has been removed or to which access has been disabled and the location of the Song before it was removed or disabled; (iii) a statement that You have a good faith belief that the Song was removed or disabled as a result of mistake or a misidentification of the Song; and (iv) your name, address,telephone number, and e-mail address, a statement that You consent to the jurisdiction of the federal court in New York, New York, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notification is received by the Copyright Agent, MyPart may send a copy of the counter-notification to the original complaining party informing that person that the Copyright Agent may replace the removed Song or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Song provider, member or User, the removed Song may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MyPart's sole discretion.



11. Users Beware

  1. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MYPART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. MYPART MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF MYPART CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY ART OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY ART POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
  1. MYPART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MYPART WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.



12. MyPart Users Got to Know Their Limitations

  1. IN NO EVENT SHALL MYPART, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICE, 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.
  2. YOU SPECIFICALLY ACKNOWLEDGE THAT MYPART SHALL NOT BE LIABLE FOR 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.
  3. You further understand and acknowledge that You may be exposed to a Song 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 MyPart with respect thereto.
  4. You agree to defend, indemnify and hold harmless MyPart, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any Intellectual Property or privacy right; or (iv) any claim that your Song caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
  5. MyPart shall have no liability to User related in any way to the deletion and destruction of a Song hosted on the Service.



13. The Final B.S. (Blasts of Significance)

  1. The validity, interpretation, construction, performance and enforcement of these Terms of Service shall be governed by the internal laws of the State of New York, without regard to its conflict of law rules. All disputes arising under these Terms of Service shall be submitted to the exclusive jurisdiction of the state and federal courts based in New York County located in New York City. By accepting these Terms of Service, You hereby expressly consent to personal jurisdiction in the state of New York and to service of process to the email address that You used to sign up to the Website.
  2. These Terms of Service and the Privacy Policy, together with any other legal notices published by MyPart on the Service, shall constitute the entire agreement between You and MyPart concerning the Service.
  3. If any provision 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 MyPart's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
  4. The paragraph headings contained herein are parodies and are for the purposes of entertainment and reference only, are not intended to define, limit, or interpret the contents of any such paragraphs or the Terms of Service, and shall have no legal effect, impact, or import whatsoever.
  5. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by MyPart without restriction.
  6. MyPart is not your employer and You are not our employee. MyPart is not entering into a fiduciary relationship with You. You are solely responsible for the payment of all state and federal taxes applicable for any income You receive related to any of your Songs through the Service. You have no authority to enter into contracts, expend monies, or otherwise act on behalf of MyPart. Nothing in these Terms of Service shall limit or prevent MyPart from providing any services or entering into a business relationship with any other company or individual.
  7. YOU AND MYPART AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST MYPART.