Updated September 23, 2011
Acceptance of Terms
You may not use the Site or Service unless you agree to these Terms. In the event you become a subscriber to our Service and are able to technically bypass or disable the "click" through mechanism for acceptance of the end user subscription agreement ("Subscription Agreement") and these Terms, then by accessing, installing, copying, downloading or otherwise using the Site or Service, you agree to be bound by these Terms.
We are very sensitive to your privacy. Please see our Privacy Notice for information and disclosures relating to the collection and use of your personal information in connection with your use of the Site and Service.
Use of Site and Service
No charge is made for the general use of the Site unless you subscribe for the Service, although you should be aware that charges for Internet use may apply at rates that are determined by your provider. If you wish to subscribe to our Service, you must click on the link for our Subscriber Agreement , fill in any required information (see below) and click the "I Agree" button at the bottom. By clicking the "I agree" button, you not only agree to the Terms herein, but you also affirm your consent to the Subscriber Agreement. The additional terms of the Subscriber Agreement are hereby incorporated by reference into these Terms and if there is any conflict between these Terms and the additional terms, the additional terms shall prevail with the respect to the subject matter of the Subscriber Agreement.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time. If we do this, we will post the changes to these Terms on this page. Your continued use of the Site and Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) Service or the Site
Registration and Security
In order to use the Service, you are required to register with us. You will be required to provide certain basic information such as your name, age, password, valid e-mail address and billing information or other information ("Registration Data"). You are permitted to establish one account and to access your account by means of an Internet connection (which we do not provide). You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any breach of security with respect to your account. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your account. You may not use anyone else's account at any time.
You agree to (a) provide true, accurate, current and complete information about you as may be prompted by any registration forms on the Site ; (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. If we allow you to choose a username and you select, in our sole discretion, one that is obscene, indecent, abusive or which is otherwise objectionable or improper under applicable law, we have the right, without prior notice to you, to automatically change your username, deny you access to the Service, or any combination of these options. You may not transfer your registration, password or user name to another person or share it with anyone. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you believe your information has been used without your authorization, you agree to notify us immediately.
By subscribing to or accessing the Service, you are representing to us that you are authorized to use the credit card or other form of payment you submit (if any). We may use third parties to facilitate payment transactions and you should review such third party terms and conditions before entering into any transaction. Tunesat is not liable or responsible for such third party transactions.
Description of Service
Our Service uses an "acoustic fingerprint" proprietary technology as a means of processing and analyzing certain aspects of your audio data that you provide to us from time to time ("Audio Data") as more fully described below and in the Subscriber Agreement.
You will provide Tunesat with digital files of all Audio Data ("Files") that you wish us to analyze for the purposes of detecting the potential unauthorized use of such Audio Data through various mediums as set forth in the Subscriber Agreement. You will also provide us with all digitally embedded identifying information (the "Metadata") required by us. We usually load the additional Audio Data and Metadata within thirty (30) days following our receipt of the Files and Metadata. You understand and agree that the Service may not detect Audio Data which is not delivered in the proper format (we will provide you with the application to upload your Files). You hereby grant to us during the term of the Subscriber Agreement a non-exclusive, royalty-free license to use, reproduce, modify and display the Files, Metadata and Audio Data provided by you for the purposes described herein. Such Audio Data and Metadata shall be used in association with our software; to identify the use of Audio Data and its corresponding "Acoustic Fingerprint" and other uses within Company's business as it deems reasonable necessary. We will collect data detailing the use and performances of the Audio Data in the territories you specify and report as part of our online portal which is accessible to you as part of the Service, the time, date, duration and source of each such performance.
You are solely responsible for the information (including any personal data), Audio Data, Metadata, opinions, reviews and all other content that you upload, publish, modify, or display on or through the Site or Service or transmit to or share with us (collectively the "User Content").
By uploading, publishing, modifying or displaying User Content to any part of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Content for any purpose on or in connection with the Service or Site.
Furthermore, you represent and warrant that your User Content will not contain any material that:
- is false, inaccurate, or misleading; infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy; or violates any law or regulation; is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening, harassing, or contains hate speech; is obscene or contains pornography; or
- contains any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
You understand and agree that we do not verify or vouch for any such content and if we determine in our sole discretion that any User Content is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Content; (b) revoke the applicable user's right to use the Site and Service; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user's registration. Please note, that if you (by opting-out of some or all portions of the Service) or we delete any information provided by you, it is deleted in a manner similar to emptying a recycle bin on a computer and you acknowledge that any removed information or content may persist in backup copies or may be imbedded in the Service as aggregate data.
Rules of Conduct
Your use of the Service is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that:
you will not interfere with another member's use of the Site or Service; you will not interfere with or disrupt the security measures of the Site or Service; you will not interfere with or disrupt networks connected to the Site or Service, and will comply with all regulations, policies and procedures of such networks; and
you will comply with United States law regarding the transmission of technical data exported from the United States.
You further agree that you will not use the Site or Service to:
send or result in the transmission of "spam" (junk e-mail) or unsolicited messages;
promote or generate revenue for any business or commercial purposes unless authorized in writing by us;
impersonate any person or entity; intentionally or unintentionally or create a false identity on the Site or Service;
collect or store personal data about other users;
make publicly available on the Site or Service or otherwise transmit any private information of any third party; or
make publicly available or otherwise transmit any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
We respect the intellectual property of others, and we ask you to do the same. It is important (and a condition of these Terms) that you only send us data and information or post content that you own and/or control -- and not content owned and/or controlled by others.
You are fully responsible for your User Content (including your Files and Audio Data). In other words, if you send us Audio Data or other content you do not own or otherwise do not have the right to submit, you are responsible for any liability or obligation.
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to our Copyright Page to review our DMCA notification guidelines. We reserve the right to terminate any users account without notice if that user is determined to be a "repeat infringer" of other user's intellectual property.
All content on the Site and Service, including but not limited to visual interface, interactive features, computer codes, products, software, "Audio Fingerprint" technology, aggregate user review ratings, designs, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Site and all elements and components of the Service , and their selection and arrangement ("Site Content"), excluding any of your User Content, is our proprietary property, our users or its licensors with all rights reserved.
Subject to the limited license granted to you hereunder, you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any materials contained within the Site or Service (except for your User Content) without our express prior written consent.
Provided that you are a valid registered user of the Service, you are granted a limited license to access the Service and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you do not alter, delete or conceal any copyright or other notices contained on the Service, including notices on any content you download, transmit, print or reproduce from the Service, nor shall you distribute such Site Content.
Except for your User Content, you may not and will not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service, Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.
Third Party Websites and Content
The Site and Service may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, applications, offers and other content or items belonging to or originating from third parties ("Third Party Applications or Content"). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content will be retained by or made available through the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the blocking, deletion or failure to store any User Content maintained by the Service.
We have the right to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, deactivate, suspend, or terminate your access to the Service including deletion of your accounts and all related information and files in your account;
- Refuse, move, or remove for any reason any material that you submit on or through the Service;
- Refuse, move, or remove any material that is available on or through the Service;
- Establish general practices and limits concerning use of the Service.
We may take any of the above actions for any reason, as determined by us in our sole discretion, including, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.
You hereby agree to indemnify, defend and hold us , our subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, "Parties"), harmless from and against any and all liability, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the Parties in connection with any claim arising out of your use of the Site and/or Service, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, upload, post, transmit or make available through the Service, your violation or breach of any these Terms, your connection to the Site or Service, or your violation of the rights of any other person or entity.
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE YOUR USE OF THE SITE AND SERVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE OR SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE AND 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 SITE OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE 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. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
We have the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Site and Service, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Service on any particular device or communications service. We have no obligation to provide you with notice of any such changes, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Service or Site.
Limitation of Liability
IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SITE AND/OR THE SERVICE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICE, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.
SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION AND LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.
The Service is intended solely for users who are of adult age in their jurisdiction, and any registration by, use of, or access to the Service by anyone under the age of majority is unauthorized, unlicensed, and in violation of these Terms. By using the Service, you represent and warrant you are of adult age in your jurisdiction and that you agree to abide by all of the terms and conditions herein. We may terminate your account, project, and any content or information that you have posted on the Site and/or Service or prohibit you from using or accessing the Site or Service for any reason, at any time in its sole discretion, with or without notice, including without limitation if we believe that you have misrepresented your age.
The Site and Service is operated primarily from the United States. Tunesat does not represent or warrant that the Site or Service or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site and Service you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations.
Entire Agreement. These Terms, including the policies referred to in these Terms, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements. As noted above, you also may be subject to additional terms and conditions that may apply when you subscribe to the Service or use or purchase certain other services, affiliate services, third-party content or third-party software. These Terms cannot be changed or terminated orally.
Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through email. You may update your email address by visiting the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Assignment. You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.
Choice of Law and Forum. The formation, construction and interpretation of these Terms shall be controlled by the laws of the State of New York, giving no effect to choice of law provisions. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts in New York, New York, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.
Waiver and Severability of Terms. The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Refund Policy. Tunesat does not offer any refunds relating to the Site, the Service and/or anything related thereto.
Questions For questions contact us at: email@example.com
Copyright © 2011 Tunesat, LLC.