| THIS TUNERESOURCE.COM USER AGREEMENT IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, YOUR OR YOURSELF, AS THE END USER, AND TUNERESOURCE MUSIC INC. OUR, US, WE OR TUNERESOURCE, WHICH GOVERNS YOUR USE OF THE OUR INTERNET BASED MUSIC SERVICE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND OR THIRD PARTIES COLLECTIVELY, THE SERVICE. PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER. IF YOU ARE NOT YET 18 YEARS OLD, PLEASE DISCONTINUE USING THE SERVICE IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
When we refer to the use of the Services in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with the other terms of use applicable to other Tuneresource owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service.
1. ENROLLMENT IN THE SERVICE
Tuneresource Music Inc currently provides the Service for downloading music in the MP3 format. The Service provides music packages for a variety of prices, you are granted specified download rights to our catalogue of MP3 music files. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such downloads. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to download and listen to the music files. You must be at least 18 years of age to enroll. To begin the enrollment process, you must complete the Service registration process by creating an Account and accessing your download links after successful payment has been completed through Paypal.com.
2. MODIFICATION
We may add, delete or modify any of the aspects of our Service and or any of the terms and conditions contained in this Agreement at any time in our sole discretion. We will notify you of any such changes via email or by posting a change notice on our site at tuneresource.com. If any modification is unacceptable to you, you must stop using the Service. Unless otherwise specifically set forth in our notice, all changes be effective upon the date we notify you of the same effective date. Your continued use of the Service following the effective date will constitute your binding acceptance of and agreement to be bound by the changes specified therein. You should check back frequently and review the terms and conditions of this agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. If any new products or services become available, they will be considered a part of the Service and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third party content, material, information, software or other services.
3. YOUR REGISTRATION OBLIGATIONS
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process such information being the Registration Data. You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service, as applicable. Once you subscribe to the Service, you shall create a unique user ID and password in connection with your account collectively referred to herein as IDs. You agree that you will not allow another person to use your IDs to access and use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Services using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
4. TUNERESOURCE PRIVACY POLICY
TUNERESOURCE takes your privacy seriously and operates under the policies and principles outlined in its Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Service. Our Privacy Policy is set forth at tuneresource.com
5.TECHNOLOGICAL AND USE LIMITATIONS
5.1 Tuneresource Music Inc will make reasonable efforts to keep the Tuneresource site operational. However certain technical difficulties, routine site maintenance and or upgrades and any other events outside the control of Tuneresource may, from time to time, result in temporary service interruptions. Tuneresource also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that Tuneresource shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
5.2 Because the Service is designed for personal use, you are not allowed to use any automated system for the selection or downloading of files. Tuneresource reserves the right to immediately and permanently terminate your access to the Service if Tuneresource believes that you are violating such limitation.
5.3 You may not use or allow others to use, your IDs and or the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that a is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive, b violates any law or regulation or the rights of others, c causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service, and or d infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs. You also may not use, nor allow others to use, your IDs, the Service, directly or indirectly, to, a attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and or displayed by us or anyone else, b act in a way that affects or reflects negatively on us, the Service, or anyone else, c collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such partys prior consent. You agree to comply with all municipal, provincial, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service. 5.4 You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, a accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access, b attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent, c attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse, or d sending unsolicited e mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
6. TERM, FEES AND PAYMENTS
6.1 By registering for the Service, you agree to pay the fees designated for the music package you select in accordance with our Pricing and Payment Terms, which can be found at tuneresource.com.
6.2 Payment must be made by a major credit card accepted by Tuneresource currently, VISA, MasterCard, American Express and PayPal, or any other methods of payment as Tuneresource may accept from time to time. If Tuneresource does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by Tuneresource. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT TUNERESOURCE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
6.3 If Tuneresource does not receive the full amount of your Service account balance within thirty 30 days of the Billing Date, a late payment charge of one and one half percent 1.5 percent per month or the highest amount allowed by law, whichever is lower may be added to your bill and immediately become due and payable. Unless you notify Tuneresource of any discrepancies within sixty 60 days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release Tuneresource from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to Tuneresource within sixty 60 days of its first appearance on an invoice or credit card statement.
6.4 You agree to pay Tuneresource all reasonable attorneys fees and costs incurred by Tuneresource to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty 30 days of cancellation or termination of your Service account.
6.5 The fees, charges and payments hereunder do not include and you are solely responsible for paying any taxes, duties, government levies or other charges imposed by a taxing or other regulatory authority relating to your use of the Service. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service.
6.6 TUNERESOURCE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY TUNERESOURCE, EFFECTIVE THIRTY 30 DAYS AFTER AN ONLINE POSTING AT tuneresource.com. TUNERESOURCE MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your subscription to the Service, as provided in Section 7 below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
7. TERMINATION
7.1 We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease.
7.2 Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Only you may access the Service using your IDs, unless otherwise agreed to in writing by Tuneresource. The content available through the Service is the property of Tuneresource Music Inc or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be used and played for your personal, non commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of Tuneresource. You agree to indemnify and hold harmless Tuneresource for your failure to comply with this Section 8.1.
8.2 You acknowledge that Tuneresource retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or its contents, and Tuneresource reserves all rights not expressly granted hereunder. You shall promptly notify Tuneresource in writing upon your discovery of any unauthorized use or infringement of the Service or its contents or Tuneresources patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AN AS AVAILABLE BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE TUNERESOURCE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE TUNERESOURCE SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS. OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TUNERESOURCE, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT TUNERESOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. INDEMNITY
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages including our reasonable attorneys fees, expert fees and other reasonable costs of litigation arising from, incurred as a result of, or in any manner related to any claim or action based upon a your breach of the terms and conditions of this Agreement, b your use of the Service, and or c the use of the Service by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end. |