Terms of Use


This Terms of Use ("Terms") derives from the Tunezone Principles, and is our terms of service that governs our relationship with users and others who interact with Tunezone.  By using or accessing the Tunezone Services, you agree to this Terms, as updated from time to time in accordance with:

You must be at least 16 years old to use the Service.

  1. You own all of the content and information that you post on Tunezone. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Tunezone. This IP License ends when you delete your IP content or your account unless your content has been shared with other;s, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you publish content or information, it means that you are allowing everyone, including people off of Tunezone, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  4. We always appreciate your feedback or other suggestions about Tunezone, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
  5. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Tunezone may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  6. You represent and warrant that: (a) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (b) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (c) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (d) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  7. The Service contains content owned or licensed by Tunezone ("Tunezone Content"). Tunezone Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Tunezone, Tunezone owns and retains all rights in the Tunezone Content and the Service. Spare parts and content from spare parts vendors, such as photos, text, part numbers etc. taken from open vendors and manufacturer are not positioned as part of Tunezone’s intellectual property, Tunezone doesn’t pretend on ownership for such content. All watermarks, trademarks were not changed from Tunezone side. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Tunezone Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Tunezone Content.
  8. The Tunezone name and logo are trademarks Tunezone, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tunezone.
  9. Although it is Tunezone's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Tunezone reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Tunezone, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Tunezone encourages you to maintain your own backup of your Content. In other words, Tunezone is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Tunezone will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  10. You agree that Tunezone is not responsible for, and does not endorse, Content posted within the Service. Tunezone does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  11. You acknowledge and agree that your relationship with Tunezone is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Tunezone in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Tunezone, and Tunezone will not be liable for any use or disclosure of any Content you provide.
  12. It is Tunezone's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Tunezone does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Tunezone is free to use any such content, information, ideas, sugges- tions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Reporting Copyright and Other IP Violations

  1. We respect other people's rights, and expect you to do the same.
  2. We provide you with tools to help you protect your intellectual property rights. To learn more about how to report claims of intellectual property infringement, contact support@tunezone.net
  3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Tunezone's request), indemnify and hold the Tunezone Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (a) your Content or your access to or use of the Service; (b) your breach or alleged breach of these Terms of Use; (c) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (e) any misrepresentation made by you. You will cooperate as fully required by Tunezone in the defense of any claim. Tunezone reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Tunezone.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, TUNEZONE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TUNEZONE NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "TUNEZONE PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE TUNEZONE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TUNEZONE OR VIA THE SERVICE. IN ADDITION, THE TUNEZONE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE TUNEZONE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE TUNEZONE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE TUNEZONE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TUNEZONE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE TUNEZONE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE TUNEZONE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE TUNEZONE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TUNEZONE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE TUNEZONE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE TUNEZONE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TUNEZONE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TUNEZONE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE TUNEZONE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE TUNEZONE PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

TUNEZONE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Jurisdiction for any disputes with users who are consumers:

If you are a consumer habitually residing in the European Union, for disputes with regard to your relationship with Tunezone the arbitration clause in the following Section does not apply. In this case, such disputes will fall under the jurisdiction of the competent courts in your place of residence.

Arbitration for any disputes with users who are not consumers in the European Union:

Except if you opt-out or for disputes relating to: (1) your or Tunezone's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Tunezone (whether or not such dispute involves a third party) with regard to your relationship with Tunezone, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration administered by the American Arbitration Association under its “Commercial Arbitration Rules and Mediation Procedures” and you and Tunezone hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Tunezone will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Tunezone is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Tunezone or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Tunezone can require the other to participate in an arbitration proceeding. To opt out, you must notify Tunezone in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this email address support@tunezone.net

You must include your name and business address, the email address you use for your Tunezone account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Tunezone.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Tunezone must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

If you are a consumer habitually residing in the European Union, these Terms of Use are governed by the laws applicable in your place of residence. In all other cases, these Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Tunezone exclusively in a state or federal court located in Delaware, California, and to submit to the personal jurisdiction of the courts located in Delaware County for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Tunezone's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Tunezone reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Tunezone.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Tunezone and governs your use of the Service, superseding any prior agreements between you and Tunezone. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Tunezone. Any purported assignment or delegation by you without the appropriate prior written consent of Tunezone will be null and void. Tunezone may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Tunezone to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Tunezone provides.

Platform Policy

By using the Tunezone Service, you agree to this policy. We reserve the right to change this policy at any time without notice, so please check it regularly. Your continued use of the Tunezone service constitutes acceptance of any changes. You also agree to and are responsible for ensuring that you comply with the Tunezone Terms of Use.

We provide the Tunezone Service to support services. First, we provide them to help members of our community share their own content with services. We provide the Tunezone to help broadcasters and publishers discover content, get digital rights to media, and share media using web embeds. The Tunezone Service are not intended for other types of services. For those we do support, the following terms and information also apply:

  1. Ensure your page is stable and easily navigable.
  2. Don't confuse, deceive, defraud, mislead, or harass anyone.
  3. Be transparent about your identity.
  4. Don't use the Tunezone Service for any app that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
  5. Don't store or cache Tunezone login credentials.
  6. Provide a publicly accessible privacy policy that tells people what you collect and how you will use this information
  7. If you allow third parties to serve content, including advertisements, or collect information directly from visitors, including placing or recognizing cookies on visitors' browsers, disclose this in your privacy policy.
  8. Comply with any requirements or restrictions imposed on usage of Tunezone user posts, photos, videos etc ("User Content") by their respective owners. You are solely responsible for making use of User Content in compliance with owners' requirements or restrictions.
  9. Remove within 24 hours any User Content or other information that the owner asks you to remove.
  10. Obtain a person's consent before including their User Content in any ad.
  11. Don't participate in any "like", "share", "comment", "follower", “rating cheating” exchange programs.
  12. Don't use follower information for anything other than analytics without our prior permission.
  13. Don't enable a business to take more than one action on Tunezone at a time.
  14. Add something unique to the community. Don't use the Tunezone to replicate or attempt to replace the functionality or essential user experiences of tunezone.net
  15. Respect the way Tunezone looks and functions. Don't offer experiences that change it.
  16. Don't transfer any data that you receive from us (including anonymous, aggregate, or derived data) to any ad network, data broker, influencer network, or other advertising or monetization-related service.
  17. You can administer a promotion on Tunezone if you comply with all applicable laws and regulations, but don't directly incentivize other actions.
  18. If you want to facilitate or promote online gambling, online real money games of skill, or online lotteries, get our written permission before using any of our products.
  19. Comply with all applicable laws or regulations. Don't violate any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality. Don't expose Tunezone or people who use Tunezone to harm or legal liability.
  20. Crawling the Tunezone’s Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Tunezone’s Services is prohibited!

Prohibited

  1. Use the Tunezone Service for any application that replicates or attempts to replace the essential user experience of tunezone.net.
  2. Use the Tunezone Platform to spam, incentivize, or harass users.
  3. Participate in any "like", "share", "comment", "follower", “rating cheating” exchange programs.
  4. Cache or store any User Content other than for reasonable periods in order to provide the service you are providing to Tunezone users.
  5. Use the Tunezone Service in any manner or for any purpose that violates any law or regulation, or any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
  6. Sell, lease, or sublicense the Tunezone’s access thereto or derive revenues from the use or provision of the Tunezone, whether for direct commercial or monetary gain.
  7. Post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

Some more information you should know.

  1. Tunezone primarily communicates with developers through email. Please ensure that the email addresses associated with your Tunezone account are current and that you don't filter out these messages.
  2. If Tunezone elects to provide you with support or modifications for the platform, this support may be terminated at any time without notice to you.
  3. Tunezone reserves the right to charge fees for future use of or access to the Tunezone APIs.
  4. Tunezone doesn't guarantee that any APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.
  5. Licensed Uses and Restrictions: The Tunezone.net are owned by Tunezone and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis in accordance with these terms. Your license to the Tunezone.net continues until it is terminated by either party. Please note that User Content is owned by users and not by Tunezone. All rights not expressly granted to you are reserved by Tunezone.
  6. Disclaimer of Any Warranty: Tunezone Services and all data derived through such platform are provided "as is" with no warranty, express or implied, of any kind and Tunezone expressly disclaims any and all warranties and conditions, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and non-infringement. You are solely responsible for any damage that results from the use of any Tunezone Service and all any data derived through such platform including, but not limited to, any damage to your computer system or loss of data.
  7. Limitation of Liability: Tunezone shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Tunezone and any data derived through such platform, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Tunezone has been advised of the possibility of such damages. Under no circumstances shall Tunezone be liable to you for any amount.
  8. Hold Harmless and Indemnify: To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Tunezone and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Tunezone Services and any data derived through the platform, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Tunezone shall use good faith efforts to provide you with written notice of such claim, suit or action.
  9. Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Tunezone Platform Terms, you and Tunezone shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You don't have any authority to assume or create any obligation for or on behalf of Tunezone, express or implied, and you must not attempt to bind Tunezone to any contract.
  10. Invalidity of Specific Terms: If any provision of the Tunezone Service 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 that the other provisions remain in full force and effect.
  11. No Waiver of Rights by Tunezone: Tunezone’s failure to exercise or enforce any right or provision of the Tunezone Platform Terms shall not constitute a waiver of such right or provision.

Support

Tunezone may elect to provide you with support or modifications for the Tunezone Services (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Tunezone may change, suspend, or discontinue any aspect of the Tunezone Services at any time, including the availability of any Tunezone Services. Tunezone may also impose limits on certain features and services or restrict your access to parts or all of the Tunezone Services without notice or liability.

Fees and Payments

Tunezone is committed to free and open access to our platform for non-commercial purposes. However, providing the Tunezone Services does have real costs for Tunezone. For uses of Tunezone services over a certain rate or for certain types of commercial applications, Tunezone reserves the right to charge fees for future use of or access to the Tunezone Services.

Disclaimer of Any Warranty.

Some of the Tunezone Services may be experimental and not tested in any manner. Tunezone does not represent or warrant that any Tunezone Services are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid.

The Tunezone Services are provided "as is" with no warranty, express or implied, of any kind and Tunezone expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement.

DYour use of the Tunezone Services is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any Tunezone Services including, but not limited to, any damage to your computer system or loss of data.

Limitation of Liability.

Tunezone shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Tunezone Services, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Tunezone has been advised of the possibility of such damages. Under no circumstances shall Tunezone be liable to you for any amount.

Exclusions and Limitations.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.

Release and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Tunezone, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Tunezone Services. If you are a California resident, you waive your rights under California Civil Code 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

Hold Harmless and Indemnity.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Tunezone and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Tunezone Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Tunezone shall use good faith efforts to provide you with written notice of such claim, suit or action.

General Terms

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Tunezone shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Tunezone, express or implied, and you shall not attempt to bind Tunezone to any contract.

Invalidity of Specific Terms. If any provision of the Platform Terms of Use 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 that the other provisions remain in full force and effect.

Location of Lawsuit and Choice of Law. The Platform Terms of Use and the relationship between you and Tunezone shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Tunezone agree to submit to the personal jurisdiction of the courts located within the county of San Mateo, California.

No Waiver of Rights by Tunezone. Tunezone’s failure to exercise or enforce any right or provision of the Platform Terms of Use shall not constitute a waiver of such right or provision.

Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Platform Terms of Use. Any construction or interpretation to be made of the Platform Terms of Use shall not be construed against the drafter. The Platform Terms of Use constitute the entire agreement between Tunezone and you with respect to the subject matter hereof.

I confirm Tunezone to store and manage my personal information that I provided according to Tunezone functionality.

The effective date of these Terms of Use is February 1, 2018. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.