TuneCake.com - Privacy Policy and Terms of Service

Effective June 2, 2008

TuneCake LLC has a firm commitment to privacy. We take your privacy concerns seriously and want to make every effort to address them. That is why we have adopted the following policy, which explains our position on information-gathering and disclosure.

Your Personal Information

From time to time, we will ask for information that personally identifies you, as in our user surveys for TuneCake LLC services such as forums or promotions. We use this information to operate The TuneCake LLC services, provide you with the highest quality services and offer you opportunities we think will be of interest.

We will not disclose any personal information without your advance permission except when we believe the law requires us to do so or the disclosure is necessary to protect the rights or property of TuneCake LLC.

In order to describe our services to prospective partners, advertisers and others, we may disclose user information but only in a form that does not identify individual users. For example, we might disclose that a certain percentage of our users are male or within a certain age range.

Occasionally, we may disclose personal information in other circumstances, but we will only do this if we have explained at the time we collect the information the purpose for which it will be disclosed.

A "cookie" is a small data text file that is placed in your browser and allows TuneCake LLC to recognize you each time you visit this site. Cookies themselves do not contain any personal information, and TuneCake LLC does not use cookies to collect personal information. Instead, they allow us to see which parts of our site you have used so that we can better serve you when you return to our site. Cookies may be used to provide you with information and special opportunities tailored to your interests.

Remember The Risks Whenever You Use The Internet

You should know that when you voluntarily disclose personal information on the TuneCake LLCsystem (for example, in forums), that information can be collected and used by others and may result in unsolicited messages from other people. While we do our best to protect your personal information, we cannot guarantee the security of any information that you transmit to TuneCake LLCand you are solely responsible for maintaining the secrecy of any passwords or other account information. In addition, our partners and other Internet sites or services that may be accessible through TuneCake LLChave separate data and privacy practices independent of us, and therefore we disclaim any responsibility or liability for their policies or actions. Please contact those vendors and others directly if you have any questions about their privacy policies.

Tell Us How We're Doing

If you have any questions or comments about our policies, please contact us by sending us feedback.

Want more information? Check out these helpful links...

Electronic Frontier Foundation - a civil liberties organization working to protect your rights online.

Electronic Privacy Information Center - established to focus public attention on emerging civil liberties issues relating to the National Information Infrastructure.

Privacy Issues Page - from the Center for Democracy and Technology (CDT).

Cookie Central -- dedicated to provide full information upon Internet Cookies.

Welcome to TuneCake.com, a music download service available on the Internet's World Wide Web. TuneCake.com is a division of TuneCake LLC.

Cost

TuneCake.com’s electronic archives carry a fee per music mp3 downloaded. Note that many music mp3s remain available for several days in the pages of TuneCake.com. Additional information, including credit card information, may be required to complete this purchase.

Copyrights and trademarks

Material published on TuneCake.com, including articles, photos, graphics, bulletin board postings, audio and video clips, and other content, is copyrighted by Idaho Statesman, or by other information providers who have licensed their content for use on TuneCake.com. Additionally, the entire content of TuneCake.com is also copyrighted as a collective work under the United States copyright laws; the owner of the collective work is TuneCake LLC. You cannot reproduce, republish or redistribute material from TuneCake LLC in any way without the written consent of the copyright owner.

You may, however, electronically store a reasonable portion of TuneCake.com content for your personal, non-commercial use by making a single electronic copy on your computer's hard drive, a single copy on a disk or other media or a single copy in printed form. You agree, however, that you will not store or archive a significant portion of the content or create a database using the content.

These rules also apply:

1. You will not in any way violate the intellectual property laws protecting the content accessible through TuneCake.com. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of TuneCake.com or others.

2. You will not reuse, republish or otherwise distribute the content or any modified or altered versions of it, whether over the Internet or otherwise, and whether or not for payment, without the express written permission of TuneCake LLC or a third-party copyright holder.

3. You will cooperate promptly and completely with any reasonable request by TuneCake LLC related to an investigation of infringement of copyright or other proprietary right.

To obtain permission to reuse or republish any material copyrighted by TuneCake LLC, please contact music@TuneCake.com. TuneCake LLC cannot grant permission to reuse or republish material from any artist.

TuneCake LLC, TuneCake.com and its logos are registered service marks or trademarks.

If you believe that TuneCake.com or any user of TuneCake.com has infringed your copyright in any material way, please notify our Copyright Agent and provide the following information:

1. An identification of the copyrighted work that you claim has been infringed.

2. An identification of the material on TuneCake.com that you claim is infringing or is subject to infringing activity, with enough detail so that we can locate the material on our site.

3. Your name, address, telephone number and e-mail address.

4. 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.

5. A statement by you declaring that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

6. Your physical or electronic signature.

The Copyright Agent for TuneCake.com is RJ Balch, who can be reached at 6 Royal Crest Dr #11 Nashua, NH 03060, or at music@tunecake.com or at 603-498-4867.

Submissions

By submitting any content to TuneCake.com, including music, you automatically grant TuneCake LLC and TuneCake.com a nonexclusive, royalty-free, worldwide, perpetual, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes, without any payment to you, in any type of media or in any form now known or later developed. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way TuneCake.com uses such content.

Thanks for your interest in contributing to our site. TuneCake LLC may publish, on the Web or in print, any photo submitted. All photos submitted become the property of TuneCake LLC. We may use them for any purpose without compensation to you. In submitting -- by e-mail or other means -- these photos to us, you agree to these terms.

Privacy rights

TuneCake.com takes your personal privacy seriously. That is why we have adopted our Privacy Policy, which explains our position on information gathering and how we intend to use and share any information we collect. Your use of the TuneCake.com Web site or our services signifies acknowledgement of and consent to the information practices in our Privacy Policy. Other services, advertisers and information providers that are accessible on TuneCake.com are provided by third parties, and have their own policies about using personal information. You should contact these third parties directly for their policies.

You agree that TuneCake.com may access and disclose information about you or your use of our service when we deem it necessary or appropriate to comply with the law, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights or property of TuneCake.com or its affiliates. Such disclosure may include, without limitation, Personally Identifiable Information (name, e-mail address, etc.), your IP address, clickstream and traffic information and usage history. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

International Users

You acknowledge and agree that due to the international dimension of our company we may use the data collected in the course of our relationship for the purposes identified in the Privacy Policy, for the purposes identified in our other communications with you, or to provide the information to other businesses and selected third parties which may be outside your resident jurisdiction. TuneCake.com stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. In addition, such data may be stored on servers located in other jurisdictions. By providing us with your data, you consent to the transfer of such data. If you object to your information being transferred or used in this way please do not use our site or services.

Children's use of TuneCake.com

TuneCake.com strongly recommends that parents supervise the use of the Internet by their children. A number of commercial products are available to help limit access to material on the Internet that you may consider harmful or inappropriate for your child.

Disclaimer

While TuneCake.com strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does TuneCake.com guarantee or warrant that any files available for downloading will be free of defects. Neither TuneCake LLC nor any of its information providers shall be liable in any way to you or the other parties for delays, inaccuracies, errors or omissions in the material published in TuneCake.com.

While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of TuneCake.com and the accuracy and completeness of any information is with the user of our service.

Likewise, TuneCake.com does not warrant that our service will be uninterrupted or error-free. TuneCake.com makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose any information published on the TuneCake.com Web site or any products or services sold through the TuneCake.com Web site.

Opinions, advice and all other information expressed on TuneCake.com bulletin boards represent the individual's own views and not necessarily those of TuneCake.com. TuneCake.com does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized TuneCake.com spokespersons.

Any investment decisions or other actions that users take based on information available on TuneCake.com should first be reviewed by a competent financial adviser or other professional.

THE TuneCake.com SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).

In no event will TuneCake.com be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use TuneCake.com, or any information or services provided on TuneCake.com, even if TuneCake.com has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies published on TuneCake.com.

Indemnification

You agree to indemnify, defend and hold TuneCake.com harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney's fees) based on or arising from any breach by you of your obligations under these Terms of Use. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Jurisdiction

This Agreement between TuneCake LLC and its users will be governed and interpreted under the laws of the state of New Hampshire, without regard to its conflict of laws provisions. Any action brought in connection with this Agreement shall be filed within one year of the date of the alleged injury, regardless of any statute of limitations.

Arbitration

Any legal controversy or legal claim arising out of or relating to these Terms of Use or TuneCake.com, excluding legal action taken by TuneCake LLC to obtain an injunction relating to its intellectual property, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Nashua, New Hampshire, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Termination

Notwithstanding any provision of these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate any or all of the TuneCake.com service and/or your license to use the TuneCake.com service, or to block or prevent future access to and use of TuneCake.com.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions and comments about TuneCake.com

We hope you enjoy using TuneCake.com. Questions and comments about the content of TuneCake.com may be sent by submitting an e-mail to music@TuneCake.com. We read all comments sent to us and try to respond to as many as possible.

Technical questions regarding your software, your configuration or your connection should be directed to your Internet access provider. TuneCake.com cannot address questions except those specifically about content and services that we provide.

All imagery, logo, content, and concepts are copyright TuneCake LLC - A New Hampshire based company