TERMS & CONDITIONS
Welcome to the Tune Bud website (the "Site"). This Site is operated and maintained by TuneBud.com, a brand owned by Cinephonix Limited a company registered in the United Kingdom (“Tune Bud”). Your access to and use of this Site is subject to these terms of service ("Terms of Service") which set forth the terms under which Tune Bud offers you access to the content and services of the Site. The term Site also includes websites hosted on your own domain under our Basic and Pro account features and these Terms and Conditions apply to such websites.
This is a legal agreement. Please read these terms and related conditions carefully before using this website, and check them periodically for changes.
BY USING THE SITE, AND FOR OTHER GOOD AND VALUABLE CONSIDERATIONS, THE RECEIPT AND SUFFICIENCY OF WHICH YOU ACKNOWLEDGE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE, DO NOT USE THIS SITE.
Changes to this Agreement
We may change, edit or update this Terms Of Service at any time at our discretion upon posting notice on the Site. Your continued use of the Site, and any related services such as, but not limited to, our Basic and Pro account features (“Service”), shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Site or the Service.
Tune Bud does not control, and is not responsible for, the information provided by other parties, whether by its Sellers, Buyers, Members, Customers or other users, when or if such content is made available through the Site for general information or related promotional purposes.
As used in this Agreement, the term "Your Information" means any information or media you provide to Tune Bud, its customers, buyers, sellers, or other users in using the Site, including in any registration process, in any public message area or through any email or messaging feature. You are solely responsible for Your Information.
Your Information may not:
(a) be false, inaccurate, misleading or fraudulent;
(b) infringe any anyone's copyright, trademark, trade secret, patent or other proprietary rights or rights of publicity or privacy;
(c) violate any law, statute, ordinance or regulation;
(d) be obscene, defamatory, libelous, threatening, abusive or harassing, or encourage any of the foregoing;
(e) promote any commercial product the sale of which you stand to benefit from without the knowledge or explicit permission from Tune Bud.
(f) contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, intercept or use any system, data or personal information in an unauthorized way; or
(g) create liability for Tune Bud or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.
Tune Bud is a self-service product which is delivered to you immediately upon registration. If you choose to subscribe to the service, your selected plan will be activated and made available to you immediately and upon payment on choosing a paid for plan. Once you subscribe to a paid plan, your free plan limitations will be lifted immediately upon payment confirmation.
Tune Bud will do it's best to fix any bugs or problems reported by you regarding the Tune Bud service in a timely fashion. If you are not content with our response to the issue, you are entitled to a refund of the sums paid to Tune Bud for the last month of service, before your request for a refund.
You are entitled to cancel your subscription to Tune Bud at any time and you won't be billed any further. Upon cancelation or billing failure, your account will be disabled. After 7 days your account may be deleted by us at any time and you will not be able to recover any information submitted to your account and your Members or Customers will not be able to access their information. You should therefore make copies of any relevant information you wish to keep before closing your account.
Tune Bud receives payment from Buyers, Members, Customers through it’s payment gateway. Tune Bud will pay all amounts due to you and actually received by Tune Bud on a monthly basis. 3rd party payment providers will deduct fees such as payment processing fees and credit card charges and Tune Bud will pay amounts due to you net of these fees.
Any payment due to you will be transferred to you via Paypal or transferred to a UK based bank account.
Regardless of the currency that you license your music through to Buyers, Members, Customers, Tune Bud receives license fees from its payment provider in GBP£ and will transfer the net GBP£ amount to you. Tune Bud is not responsible or liable to you for any currency loss due to exchange rate fluctuations.
You agree that you will not use the Site to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of any party.
WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT USE THE SITE TO UPLOAD OR DOWNLOAD ANY MUSICAL PERFORMANCES, RECORDINGS, OR COMPOSITIONS, OR OTHER PROPRIETARY MATERIAL (AS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO ARTISTS' LIKENESSES OR IMAGES, OR ANY CONTENT OF ANY KIND AVAILABLE ON THE SITE UNLESS YOU HAVE OBTAINED ALL NECESSARY RIGHTS AND LICENSES FROM THE OWNERS OF SUCH PROPRIETARY MATERIAL, THROUGH PURCHASE OR OTHERWISE.
You agree to indemnify, defend and hold harmless Tune Bud, its affiliates, customers, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the "Tune Bud Parties") from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Your Information, and/or actions of any kind with respect to the Site infringes upon or misappropriates, violates, or infringes any party's personal or proprietary rights of any kind.
Interference and Unauthorized Access
You agree that you will not:
(a) attempt to circumvent user authentication or the security of any Tune Bud account;
(b) use any robot, spider, other automatic device, or manual process to monitor or copy Tune Bud's web
pages or the content contained in them;
(c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; or
(d) take any action that imposes an unreasonable or disproportionately large load on Tune Bud's infrastructure, including without limitation "denial of service attacks."
The Site contains copyrighted material, trademarks, service marks and other proprietary information which may include without limitation: text, software, logos, trademarks, video, graphics, images, music and sound (collectively "Proprietary Material"). You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material owned by Tune Bud and/or its customers or authorized representatives on the Site without first obtaining explicit written permission (and making payment if required) from the original copyright holder(s) of such Proprietary Materials.
Copyright Infringement Claims Procedure
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward to Tune Bud the information described in its Copyright Infringement Policy (see below) in accordance with the procedures described in the policy.
Tune Bud is not affiliated with sites that may be linked from the Site through hypertext ("Linked Sites"). Tune Bud has no control over, and is not responsible for, the content on any Linked Site. The Linked Sites are for user convenience only and you access them at your own risk.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Tune Bud EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Tune Bud DOES NOT WARRANT OR GUARANTEE THAT:
1. The site is compatible with any software, including without limitation Internet browser software;
2. The site will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties;
3. All content will be accurate, complete or up to date;
4. Any information or other content contained within the site will not contain defamatory or adult-oriented material, or material which some individuals may deem objectionable; or
5. The functions or services Tune Bud performs will be uninterrupted, timely, secure or error-free or that defects in the site will be corrected.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Tune Bud IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SITE, AND IT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION PUBLISHED, USED OR DISTRIBUTED ON THE SITE. Some states do not allow the disclaimer of implied warranties, so some or all of the above disclaimers may not apply to you.
1. Tune Bud, sellers, buyers and users use our default pricing matrix and default contract text at their own risk and responsibility. We make no claims or warranty as to their "fitness of use" for your business, sales or marketing purpose.
2. Tune Bud is not responsible for any problems that may arise from your use of its licensing store, pricing matrix and contract text configuration even if fraudulently or incorrectly configured, and is not responsible to buyers, sellers or users for any damage it might do to them. You must review and approve all settings, contracts, categories and prices, beyond which you use them at your sole discretion, responsibility and own risk;
3. Tune Bud is not responsible for any seller and/or buyer disputes over contracts, payments, deliverable or breaches;
4. Site is not responsible for bugs, downtime or lost data. Tune Bud users need to regularly backup their own media and documents.
5. Tune Bud sellers, buyers and users are responsible for reviewing the terms, pricing and wording of any licensing agreement(s) and are responsible for any mistake(s), omission(s) and/or related contract detail(s) they did not notice;
6. Tune Bud is not responsible for billing issues or problems related to, or caused by, Paypal or any other payments processor, including downtime, errors, fees, rejects or refunds and is not responsible for charge-backs or charge-back fees.
7. Pro account users must supply Tune Bud with a valid credit/debit card which will be automatically debited at the beginning of each billing month. You credit/debit card details are stored with Braintree (a division of Paypal) and not stored on Tunebud servers. have a business or premiere Paypal account in order to use the Site.
8. Tune Bud sellers, buyers and users are responsible for their personal and/or business tax reporting and payments liability resulting from their sales income as may be applicable in the state or country they reside and/or do business in.
9. Any/all credit card security measures are intended to provide "best practices" for safety and privacy for you and all our customers.
10. Sellers use of the Basic FREE account is subject to certain features and usage limitations as implemented and/or modified (from time to time) by the management which may include the placing of advertising on account sites. To remove such limitations, publishers can upgrade to a paid monthly or yearly subscription plan as needed.
LIMITATION OF LIABILITY
Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided herein, IN NO EVENT WILL Tune Bud OR ITS PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, Tune Bud WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED US $50. Some states do not allow the exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not apply.
GENERAL TERMS AND CONDITIONS
Without limiting other remedies, Tune Bud may without liability and at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site if:
(a) you breach these Terms of Service or any of the documents incorporated by reference;
(b) Tune Bud is unable to verify or authenticate any information you provide to it; or
(c) Tune Bud believes that your actions may cause legal liability to any person or entity.
Tune Bud is entitled to terminate any Basic plan account for any reason at any time.
Tune Bud is entitled to discontinue or modify any offered Pro subscription plan for any reason, once an account's paid subscription period ends.
Tune Bud is entitled to disable and/or remove the files from any Basic or Pro Plan account which has not been accessed or used by the publisher for 6 consecutive months.
Any account using a Basic plan must not remove the Tune Bud credit line (co-branding) at the bottom of the store. Pro plans are allowed to remove it.
You agree to indemnify and hold each Tune Bud Party, including employees, officers, directors, harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including attorneys' fees and costs, made by any other party due to or arising out of your breach of these Terms of Service or the documents incorporated by reference, or your violation of any law or the rights of another party.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site.
Governing Law; Venue
This Agreement and its validity, construction and performance will be governed in all respects by the laws and courts of the England. You irrevocably agree to accept the courts of England as the exclusive jurisdiction and waive any objections to the venue, of such courts.
NOTWITHSTANDING ANY PROVISION HEREIN, ANY AWARD FOR ASSIGNOR AGAINST ASSIGNEE SHALL BE LIMITED TO MONETARY DAMAGES THAT ARISE DIRECTLY FROM THE DISPUTE AND SHALL NOT INCLUDE ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE, OPPORTUNITY, DATA, OR USE.
Changes and Cancellation
Tune Bud may at any time, without notice or liability, change or eliminate the Site or the content contained therein, or restrict use of any portion of the Site, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Tune Bud may at any time, in its sole discretion, cancel or suspend the Site for any reason, including without limitation the existence of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of the Site.
Reservation of Rights
Tune Bud reserves the right to refuse access to the Site for any reason.
Tune Bud may amend these Terms of Service at any time by posting the amended terms on the Site, which will become effective immediately when posted. By continuing to use the Site after Tune Bud posts any amendment, you agree to be bound by the amendment. This agreement may not be amended other than by an authorized officer of Tune Bud.
The headings herein are for convenience only and are not intended by the parties of or to affect the meaning or interpretation of this Agreement.
Electronic Signature and Contracts
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.
These Terms of Service contain the entire understanding of the parties relating to their subject matter and supersede any prior written or oral agreement or understandings between the parties with respect to its subject matter. The provisions of these Terms of Service are to be interpreted in a reasonable manner to effect the purpose of the parties, and are not to be interpreted or construed against Tune Bud because it participated in their drafting. The invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision. Tune Bud may assign or transfer this agreement, in whole or in part, to any party without notice. No agency, partnership, joint venture or employment is created as a result of these Terms. All terms and conditions of this â€œTerms of Service" Agreement which by their nature are meant to survive the termination of the Terms of Service will survive termination. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
COPYRIGHT INFRINGEMENT POLICY
Claims of Copyright Infringement
Tune Bud is concerned about protecting the copyright and other intellectual property rights of others. You may notify Tune Bud by providing the following information to our designated agent, as required by D17 U.S.C. Â§512, if you believe you have a copyright infringement claim resulting from material posted on this website:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please provide your notification to our designated agent who may be contacted as follows:
Designated Agent: Cinephonix Limited
E-mail: support AT cinephonix.com (replace " AT " with "@")
Upon receipt of appropriate notification from the complaining party, Tune Bud will endeavour to remove or disable access to the material that is claimed to be infringing. Tune Bud will take reasonable steps to forward the complaint notification to the alleged infringer and notify the infringer that it has removed or disabled access to the material. Tune Bud will take no active part in any dispute resolution.