Effective Date: November 10, 2019
YOUR ACCESS TO AND USE OF THIS TUNEDGE INC. (“Tunedge”, “we” “us” or “our”) WEBSITE INCLUDING BUT NOT LIMITED TO, WHAT THIS WEBSITE WILL AND WON’T DO REGARDING ITS USE; AND,
(a) Your access to and use of the Services available on and thru the Site is provided on a one (1) year unlimited use subscription basis. Subscriptions automatically renew for subsequent, sequential, continuous one (1) year subscriptions, unless you or we notify the other in writing per paragraph 18 below no less than thirty (30) days before the last day of your then-current subscription that you or we, as applicable, want to cancel your subscription.
2. Use of the Materials. With the sole exception of any information you may post to the Site including but limited to, master-quality music recordings (“Master/s”) and musical compositions (“Composition/s”) (all of the foregoing in this sentence are not Materials), as between you and us, the Materials and any and all other things EKN displayed on, in or that can be accessed, streamed, or downloaded from the Site, are solely owned and controlled by us from inception in perpetuity throughout the universe, and are all protected by U.S. and international copyright, trademark and other applicable laws and treaties EKN. You don’t acquire any rights, titles and/or interests EKN in any of the foregoing by virtue of accessing or making any uses of the Materials.
(1) reproduce, publicly display, perform, distribute, sell, resell or otherwise use or exploit any Materials for any public or commercial purpose EKN except for the Purpose (defined in paragraph 13 below).
(2) with the sole exception of any information you may post to the Site, modify any information or Materials on the Site in any way or copy, reproduce, rent, lease, loan, publish, transmit, distribute, perform, display, and/or create derivative works from, the Materials, except for the Purpose;
(3) with the sole exception of any information you may post to the Site, decompile, disassemble, reverse engineer, sell, license or otherwise exploit the Materials or anything on or accessible through the Site, in whole or in part;
(4) interfere with the Materials or any other Person’s use of them including but not limited to, by hacking or defacing any portion of the Site, inserting any code, product, or otherwise manipulating the Site in any way that negatively affects any Person’s experience;
(5) post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Site:
anything that is or may be: threatening, harassing, degrading, hateful or intimidating; defamatory; fraudulent or tortuous; obscene, indecent, pornographic or otherwise objectionable; or, protected by copyright, trademark, trade secret, right of publicity or other proprietary right, without the express prior written consent of the owner of that right;
any material: that encourages conduct or could otherwise give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; or, that encourages or provides instructional information about illegal activities or activities such as but not limited to "hacking," "cracking," or "phreaking”;
any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, malware or other computer code, file, or program that is harmful or invasive to the Site, used to monitor the use of the Site or any hardware, software or equipment, or which may or is intended to damage or hijack the operation of the Site;
any material, non-public information about a Person without the proper written authorization to do so;
(6) use the Materials for any fraudulent or unlawful purpose including but not limited to, misleading any Site user on or though the Site, further including but not limited to, any document or other content you post, or generate using the Materials, or illegally avoiding U.S. federal, state or local tax penalties;
(8) impersonate any Person including but not limited to, any designee of ours, falsely state or otherwise misrepresent your affiliation with any Person in connection with the Site, or express or imply that we endorse any statement or post EKN you make;
(9) interfere with or disrupt the operation of the Materials or the servers or networks used to make the Materials available; or violate any requirements, procedures, policies or regulations EKN of those networks;
(10) use the Materials for any business purpose except the Purpose, without our prior written consent, which we can withhold in our sole subjective discretion (“Approval” or “Approved”);
(11) remove any copyright, trademark, or other proprietary rights notice EKN from the Materials or any other materials originating from or accessible through the Site;
(12) frame, model or mirror any part of the Site;
(d) We have the irrevocable right in our sole subjective discretion (“Discretion”), at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Materials, with or without notice and/or offer opportunities to some or all Persons using the Materials. Neither Tunedge nor any of our respective sponsors, vendors, licensors, or licensees is liable to you or to any third party for any modification, suspension, or discontinuance of the Materials, or of any service, content, feature, or product offered on or through the Site.
(f) We have a strict, zero-tolerance policy regarding any violations of this paragraph 2, all of which are prohibited.
3. Hardware. You are solely responsible for obtaining and maintaining all telecommunications, broadband, computer and mobile hardware, equipment, and services needed to access and use the Materials and any other materials available on or through the Site, and paying all charges related to them.
(a) Zero Tolerance. We have a strict, zero-tolerance policy regarding unauthorized use of the IP, which is prohibited. We consider use of our IP in page text, metatags, metatag keywords, and/or hidden text to be IP infringement and/or unfair competition.
(a) You represent, warrant, and covenant (“Warranty” or “Warrant”): that you have the authority to submit all User Communications, Masters and Compositions; that no User Communications, Masters or Compositions will violate or infringe any rights EKN of any Person; that all User Communications will be true, accurate, and complete; and, that you will maintain and update User Communications as needed, such that it remains true, accurate, and complete.
(c) You grant us a perpetual, irrevocable, and worldwide gratis license to us and our Affiliates (defined in Section 15 below) to use your User Content in connection with the operation of the Site including but not limited to, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. We may publish or otherwise disclose your name in connection with your User Content in our Discretion. By posting User Content on the Site, you Warrant that you own the rights to the User Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute User Content. We have the irrevocable right but not the obligation to monitor, edit, remove and/or block any activity or User Content in our Discretion.
6. Content. We don’t endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements posted on forums, blogs or through User Communications contained on the Site (individually and collectively, in whole and in part for convenience "Content"). Any Content placed or made available by you on or through the Site including but not limited to, advice, opinions, requests, and statements, are solely the views and responsibility of those who post the Content, and don’t necessarily represent our views.
7. Accuracy of Information. We attempt to ensure that the Services on the Site (with the exceptions of User Information, Masters, Compositions, and any Content made available by third parties) are complete, accurate, and current. Despite our efforts, the Services may occasionally be inaccurate, incomplete, or out of date. Please bring to our attention any information you believe is inaccurate, incomplete, or out of date by contacting us at email@example.com, along with a detailed explanation of your beliefs of inaccuracies. We make no Warranty EKN as to the completeness, accuracy, or current nature of the Services or any other information on the Site, and Tunedge makes no commitment or assumes any duty to update that information.
8. Linking to the Site. Other than in connection to the Purpose, you aren’t allowed to maintain any link from another site or app to any page on the Site without our Approval. You also aren’t allowed to run or display the Site, or any information or material displayed on or accessible via the Site, in frames or through similar means on another site or app without our Approval. Any links to the Site we do Approve must comply will all applicable laws, rules and regulations EKN, which is your sole responsibility and liability.
9. Third Party Links. Periodically, links may be established from the Site to one or more external websites, apps, or resources operated by third parties including but not limited to, performing rights societies, production companies, TV and online networks ("Third Party Sites"). These links are provided only for convenience. In addition, certain Third Party Sites also may, with our Approval, provide links to the Site. None of these links imply that we endorse any Third Party Sites or any content on or through them. We don’t control and are not responsible or liable for any Third Party Sites or any content, advertising, products or other materials EKN on or available through Third Party Sites. Access to any Third Party Sites, and use and/or interaction with any Persons or content available on or through any Third Party Site is AT YOUR OWN, SOLE RISK, and we have no liability EKN arising out of or related to Third Party Sites and/or their content or for any damages or loss EKN caused or alleged to be caused by or in connection with any Third Party Site.
10. Your Account. You will need to create a customer account to be able to access and use the Site (“Account”). If you do, you’ll have to provide your name, physical address, an email address, current valid phone number, password, photo, musical experience, instruments played, birthday, education, your social media site URLs, composing genres, your performing rights society affiliation/s, Masters and Compositions ownership/control percentages, and studio/recording equipment. To protect your Account, you should choose a password different than names, birthdays, or street addresses associated with you. You may also want to choose a password different that the ones you use for other websites and apps, and change them periodically. You’re solely responsible for keeping all the information in your Account completely and currently accurate, as well as maintaining the confidentiality of your Account and password, and for restricting access to your computer(s) and other devices from which you access your Account. You’re also solely responsible for any and all activities EKN that occur under your Account or password.
(a) ANY THIRD PARTY INFORMATION, DATA, PRODUCTS, AND SERVICES USED OR PURCHASED ON OR THROUGH THE SITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THESE THIRD PARTIES AND/OR THEIR RESPECTIVE SUPPLIERS, IF ANY. IN THE EVENT OF ANY PROBLEM WITH ANY THIRD PARTY INFORMATION, DATA, PRODUCTS AND/OR SERVICES THAT WAS ACCESSED ON OR THROUGH THE SITE, YOUR SOLE REMEDIES, IF ANY, ARE FROM THE THIRD PARTY SITES AND/OR THEIR APPLICABLE SUPPLIERS, IN ACCORDANCE WITH THEIR RESPECTIVE WARRANTIES, IF ANY. WE’RE NOT RESPONSIBLE FOR ANY DAMAGES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THAT YOU MAY SUFFER WITH RESPECT TO THIRD PARTY SITES.
(b) THE LIMITATIONS IN THIS PARAGRAPH 11 DON’T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
(a) IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT ON OR AVAILABLE THROUGH IT, YOUR SOLE REMEDY IS TO CEASE USING THE SITE. THE LIMITATIONS IN THIS PARAGRAPH 12 DON’T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. The “Purpose”. The Site is only a portal where one can submit Compositions and Masters they want us to consider for Exploitation, and for related social media activities. (individually and collectively now referred to for convenience as the “Purpose”). The Purpose may or may not be specific to your particular situation. You can get incorrect or inaccurate results from your use of the Site due to human error (an example of which is incomplete or inaccurate data input), mechanical error, extreme or incompatible combinations of input variables, or other factors.
(b) Nothing in this paragraph 16 is a waiver of any of our Remedies, or precludes us from either instituting a Claim in any jurisdiction or from joining you in a Claim brought by a Person against us in any jurisdiction, although our failure to join you in any Claim in one instance isn’t a waiver of any of our rights with respect to that Claim or any subsequent Claim brought by a Person against us.
17. Intellectual Property Infringement; Digital Millennium Copyright Act Notice for Copyright Infringement. Tunedge doesn’t permit intellectual property infringing activities on the Site. We may remove in our Discretion any and all Materials, Masters, Compositions, and/or User Communications, if we’re properly informed that any Materials, Masters, Compositions, and/or User Communications infringe a third party’s intellectual property rights including but not limited to, copyright and trademark rights. We can terminate your ability to access or otherwise use the Site or to submit Masters, Compositions, and/or User Materials if, under appropriate circumstances, it’s determined that you are submitting or have submitted any such things that infringe another Person’s copyright or other intellectual property rights.
(a) If you’re a copyright or trademark owner or an authorized agent for that owner and believe that anything posted on the Site by third parties infringes on your copyrights and/or trademarks, you may notify Tunedge by providing all the following information in writing:
(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright and/or trademark rights that are allegedly infringed and the month, day, year, city, state, province and/or country where it’s signed;
(2) identification of one or more URL locations where the original or an authorized copy of the infringed work(s) exists;
(3) a description of the infringing activity and identification of the materials that is claimed to be infringing, the email address, website, URL, WHOIS data, and any other information where the claimed infringement is taking place, reasonably sufficient to allow us to locate it;
(4) even if you believe we already have it, information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number and if available, an email address;
(5) a statement that you have a good faith belief that use of the claimed infringing material in the manner you complain of is not authorized by the copyright or trademark owner, its agent or the law;
(6) a statement that you have considered whether the claimed infringing materials constitute a “fair use” under federal copyright or trademark law, as applicable, before sending this takedown notification;
(7) a statement that you swear under penalty of perjury that the information in your notification is accurate, and that you are either the owner of or authorized to act on behalf of the owner of, an exclusive copyright right that is allegedly infringed; and,
(8) true and correct copies of the claimed infringed copyright and/or trademark registration certificate(s).
Our agent for notice of claims of copyright and trademark infringement can be reached as follows:
By Mail: Tunedge Music Portal
4804 Laurel Canyon Blvd. #808
Valley Village, CA. 91607
United States of America
If you fail to comply with all of the requirements above, your notice may not be valid.
A notice to us of alleged infringement of any other type of intellectual property should be done as above.
18. Notices To You. Notices to you may be made via posting to the Site by providing links to such notices, by email, text, by messenger or by other confirmed delivery service (for example, Federal Express or UPS) (“Delivery Service”), in our Discretion (in the latter three situations, via your most recent address that we have on file). Posted notices are effective on posting. Notices emailed, texted or sent to you by Delivery Service are effective on the date of your receipt, provided that we receive written or printed confirmation of your successful receipt.
please write to Tunedge:
4804 Laurel Canyon Blvd. #808
Valley Village, CA. 91607
United States of America
or email us at firstname.lastname@example.org.
This site/App © 2019 Tunedge Inc., unless otherwise noted. All rights reserved.