Terms and Conditions
TuneGO, Inc. ("we" or "TuneGO") owns and operates www.tunego.com ("TuneGO.com" or "TuneGo Site") a website that provides career development services for unsigned artists and a platform for fans to discover new artists and their music.
The services offered by TuneGO include any TuneGO Branded Site URL, TuneGO messaging services (including, without limitation, instant messaging, private messaging, and email services), TuneGO music and video services, TuneGO developer services, TuneGO artist services, TuneGO career development services, TuneGO mobile services, and any other features, content, or applications offered from time to time by TuneGO in connection with TuneGO’s business (collectively, the "TuneGO Services"). The TuneGO Services are hosted in the United States.
This Terms and Conditions Agreement ("Agreement"), as may be modified from time to time, constitutes legally binding terms and applies to your use of the TuneGO Services. By accessing and/or using the TuneGO Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the TuneGO Services, including, without limitation, through a mobile or other wireless device, or otherwise use the TuneGO Services without being registered) or you are a "Member" (which means that you have registered with TuneGO). The term "User" refers to a Visitor or a Member. You are authorized to use the TuneGO Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the TuneGO Services, you must indicate your acceptance of this Agreement during the registration process.
TuneGO may, in its sole discretion, and at any time, discontinue the TuneGO Services or any part thereof, with or without notice, or may prevent your use of the TuneGO Services with or without notice to you. TuneGO will have no liability to you if the TuneGo Services are discontinued or your ability to access it is terminated.
TuneGO reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the TuneGo Services. All material modifications will apply prospectively only. Your continued use of the TuneGO Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the TuneGO Services immediately.
Content on the TuneGO Services provided by TuneGO or its licensors, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("TuneGO Content") is the property of TuneGO and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content provided by users of the TuneGO Services ("Submitted Content"), such as user-posted content, including audio files, musical works, graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the parties that provided that content, and is used by TuneGO subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law. Although TuneGO makes efforts to insure that all material on the TuneGO Services are correct, accuracy cannot be, and is not, guaranteed by TuneGO.
You agree not to download, display or use any TuneGO Content or Submitted Content located on the TuneGO Services for use in any publications, in public performances, on websites other than the TuneGO Services for any other commercial purpose, in connection with products or services that are not those of TuneGO, in any other manner that is likely to cause confusion among consumers, that disparages or discredits TuneGO and/or its licensors, that dilutes the strength of TuneGO or its licensor's property, or that otherwise infringes TuneGO’s or its licensor's intellectual property rights. You further agree to in no other way misuse any TuneGO Content or Submitted Content that appears on the TuneGO Services.
Posting Submitted Content
On certain areas of the TuneGO Service you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content ("Submitted Content"). Your posting of Submitted Content is subject to this Agreement, the following terms ("Submission Rules"), and any additional terms posted for a specific feature:
- No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for your Submitted Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by TuneGO.
- No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of TuneGO. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
- No Commercial Use: You agree that you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
- No Viruses, Corrupting Files or Interference: You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the TuneGO Services, or feature of the TuneGO Services. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by TuneGO or as embedded in the Submitted Content unless expressly authorized in writing by TuneGO.
- Use of Account Information: You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
- Responsibility of Postings: You understand and acknowledge that Submitted Content posted by you is solely your responsibility, and that TuneGO is not responsible for the information, data, text or other materials that may appear in any Submitted Content. Opinions expressed in Submitted Content do not necessarily reflect the opinions of TuneGO, and TuneGO does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by TuneGO prior to posting and TuneGO makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content.
- No Monitoring/Violation Notices: TuneGO does not necessarily monitor any materials posted, transmitted, or communicated to or within the TuneGO Services. If you believe that something on the TuneGO Services violates this Agreement, please email TuneGO’s Customer Support Team.
- User Termination/No Ownership: You understand and agree that you have no ownership rights in your account or other access to the TuneGO Services or features therein. TuneGO may cancel your Account and delete all Submitted Content associated with your Account at any time, and without notice, if TuneGO deems that you have violated this Agreement, the Submission Rules, the law, or for any other reason. TuneGO assumes no liability for any information removed from the TuneGO Services, and reserves the right to permanently restrict access to the TuneGO Services or a user Account.
- No Confidentiality: The nature of the TuneGO Services is interactive and public. By posting Submitted Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to TuneGO may be used by TuneGO anywhere, anytime, and for any reason whatsoever subject to the terms of the Submitted Content License described in Ownership of Posted Content and License thereto, below.
Ownership of Posted Content and License Thereto
After posting your Submitted Content to the TuneGO Services, you continue to retain all ownership rights in such Submitted Content, and you continue to have the right to use your Submitted Content in any way you choose, subject to these Terms and the license described herein ("Submitted Content License"). TuneGO may delete any Submitted Content that, in the sole judgment of TuneGO, violates these Terms or the Submission Rules.
- Scope of License: By displaying, publishing, or otherwise posting any Submitted Content on or through the TuneGO Services, you hereby grant to TuneGO a limited, non-exclusive (meaning that you are free to license your Content to anyone else in addition to TuneGO), sub-licensable (so that TuneGO can use its affiliates, partners and other subcontractors such as Internet content delivery networks and wireless carriers to provide the TuneGO Services), worldwide (because the Internet and TuneGO Services are global in reach), fully-paid and royalty free (meaning that TuneGO is not required to pay you for the use of the Submitted Content you post) license to use, modify (every effort will be made to preserve the integrity of your Submitted Content, but occasionally a technical modification such as compressing the file is necessary), publicly perform or publicly display (for editorial or promotional purposes), reproduce, and distribute such Submitted Content without the requirement to make payment to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.
- Representations: You represent and warrant that you own the Submitted Content displayed, published or posted by you on the TuneGO services and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and that our use thereof pursuant to the submitted Content License, does not/will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the TuneGO services. Except for your Submitted Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Submitted Content appearing on the TuneGO Services.
TuneGO Artist Pro Membership Subscription ("TuneGO Pro") & Refund Policy
TuneGO reserves the right to require paid access for TuneGO Pro features. By subscribing to TuneGO Pro, you are entering into this Agreement and expressly agree that TuneGO may charge you for your access to TuneGO Pro features and other products and services selected by you. As such, a valid credit card number or PayPal account will be required by you to subscribe to TuneGO Pro ("Subscription"). The service is $14.95 monthly or $99.00 annually ("Subscription Fees"). You will be billed for your first month or year immediately after your 30 day free trial. There will be no refunds or credits for partial months of service or refunds for months unused. The TuneGO Pro offerings and pricing may be adjusted from time to time; provided we give you not less than thirty (30) days notice of any fee increase. If TuneGO terminates your Subscription because you have breached this Agreement, you will not be entitled to any refund of fees paid. Canceling your Subscription may cause the loss of content, features, or capacity of your Account. You acknowledge and agree that TuneGO will not have any liability for such loss. You are solely responsible for properly canceling your Subscription. You can cancel your Subscription at any time logging into your account at www.tunego.com or by contacting customer support and formally requesting your Subscription be cancelled. All of your content may be deleted from the service upon cancellation. Any deleted content cannot be recovered once your Subscription is cancelled. If you cancel your Subscription before the end of your current paid period your cancellation will take effect immediately. TuneGO, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any TuneGO Service, for any reason at any time. Such termination of the TuneGO Service may result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. TuneGO reserves the right to refuse service to anyone for any reason at any time.
You agree to indemnify and hold TuneGO, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of this Agreement, including the Submission Rules, or any violations thereof by your dependents or which arises from the use of Submitted Content.
TuneGO and The Community
TuneGO and the Community work together to keep TuneGO running and the Community safe. If you have concerns about TuneGO or a user on TuneGO, please contact TuneGO customer support directly.
TuneGO's customer support works to ensure that TuneGO Services are safe, accessible, and enjoyable to all of our members, partners, and sponsors. TuneGO, at its sole discretion, may deactivate, suspend, or terminate our services and user accounts, prohibit access to areas or the entirety of the TuneGO Services, remove content, and take other technical or legal steps to keep users off the TuneGO Services if they are acting in a manner inconsistent with this TuneGO Agreement and/or Community Values. You also agree that you will not:
- Infrastructure: Utilize any technology or take any action with the intent of overloading or disrupting the normal operation of the TuneGO infrastructure;
- Permissions: Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the TuneGO Services without the prior express written permission of TuneGO and any other appropriate parties;
- Interference: Interfere or attempt to interfere with the proper working of the TuneGO Services, communication between users on the TuneGO Services, or any other activities conducted on the TuneGO Services, including the ranking of entries while judging.
Your Obligations When Ranking Content
Using the TuneGO Services you may be given the opportunity to review and rank Submitted Content. You are solely responsible for your rankings and reviews, which must adhere to this Agreement, including the Submission Rules.
Third Party Websites
Representations and Limitations of Liability
TuneGO makes no representations about the reliability of the features of the TuneGO Services, the TuneGO Content, Submitted Content, or any other TuneGO Service feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. TuneGO makes no representations regarding the amount of time that any TuneGO Content or Submitted Content will be preserved. TuneGO does not endorse, verify, evaluate or guarantee any information provided by users, including rankings, reviews, or other Submitted Content and nothing shall be considered as an endorsement, verification or guarantee of any ranking, review or Submitted Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by TuneGO without the prior review and written approval of TuneGO. Notwithstanding the foregoing, you may accurately disclose and describe your participation in the TuneGO Services and your Submitted Content (for example, describing and promoting your Submitted Content on a personal blog or in emails).
THE TUNEGO SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE TUNEGO SERVICE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TUNEGO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE TUNEGO SERVICES, NOR SHALL TUNEGO BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND TUNEGO’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE TUNEGO SERVICES RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL TUNEGO’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH TUNEGO MAKES EFFORTS TO INSURE THAT ALL MATERIAL ON THE TUNEGO SERVICES ARE CORRECT, ACCURACY CANNOT, AND IS NOT, GUARANTEED BY TUNEGO.
Both you and TuneGO acknowledge and agree that no partnership is formed and neither of you nor TuneGO has the power or the authority to obligate or bind the other. This Agreement will be governed by and construed in accordance with the internal laws of the State of Nevada without regard to conflicts of laws principles. By using the TuneGO Service, you hereby agree that any and all disputes regarding this Agreement will be subject to the federal, state and local courts for Las Vegas, Nevada. This Agreement operate to the fullest extent permissible by law. If any provision of these this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Software that may be available in connection with the TuneGO Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the TuneGO Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
This Agreement constitute a binding agreement between you and TuneGO, and is accepted by you upon your use of the TuneGO Services or your account. This Agreement constitutes the entire agreement between you and TuneGO regarding the use of the TuneGO Services and your account. By clicking "I agree" you represent that you are capable of entering into a binding agreement, and that you agree to be bound by this Agreement.
TuneGO shall have the right at any time to (a) change the terms of this Agreement, (b) change the TuneGO Services, including eliminating or discontinuing any content or feature of the TuneGO Services, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the TuneGO Services, including instituting new or increased fees or charges for the use of the TuneGO Services or any other TuneGO Services or any feature thereof. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the TuneGO Services, or by electronic mail, or by conventional mail. Your use of the TuneGO Services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review this Agreement periodically to ensure familiarity with the most current version.
The failure of TuneGO to comply with the Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of TuneGO, shall not be deemed a breach of this Agreement. If TuneGO fails to act with respect to your breach or anyone else's breach on any occasion, TuneGO is not waiving its right to act with respect to future or similar breaches.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The headings in this Agreement are for your convenience and reference. These headings do not limit or affect this Agreement
This Agreement, together with those items made a part of this Agreement by reference, make up the entire agreement between us relating to the TuneGO Services, and replaces any prior understandings or agreements (whether oral or written) regarding the TuneGO Services. If a court finds any of this Agreement to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The TuneGO Services and any promotions contained thereon are void where prohibited.