TuneCake.com - Terms of Service

TUNECAKE.COM TERMS OF SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE USER, AND TUNECAKE LLC STATING THE TERMS THAT GOVERN YOUR USE OF THIS SERVICE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF TUNECAKE’S RULES AND POLICIES, COLLECTIVELY CONSTITUTE THE “TERMS” YOU AGREE TO. IF YOU AGREE, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND TUNECAKE MAY REFUSE ACCESS TO THE MUSIC DOWNLOAD SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS.

1. GENERAL. TuneCake.com (the “Site” or the “Service”, as further defined below) is operated by TuneCake LLC (“TuneCake”). Use of this site is subject to the following terms of use (the “Terms”) and your continued use of this site demonstrates acceptance of these Terms. As a condition of your use of this Site, you warrant that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you do not accept the Terms, you are asked to exit this site immediately. TuneCake reserves the right to update the Terms at any time without notice to its users.

2. FURTHER DEFINITION OF THE SERVICE. TuneCake is the provider of the TuneCake.com Service that permits you to purchase or rent (as applicable) digital content, such as sound recordings and videos, games, software, and ring tones, under certain terms and conditions as set forth in this Agreement.

3. YOUR INFORMATION; AGE REQUIREMENTS FOR USE. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Info"). You further agree to maintain and update your Registration Info as required to keep it accurate, current, and complete. TuneCake may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that TuneCake may store and use the Registration Info you provide (including credit card and PayPal account information, if applicable) for use in maintaining your accounts and billing fees to your credit card or PayPal account.

This Service is available for individuals aged 13 years or older. TuneCake does not and will not knowingly accept personal information from individuals over the age of 13 and asks that if you are under the age of 13, please do not furnish any personal information or use any part of the Service that requires the furnishing of such information. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian prior to using the service to make sure that you and your parent or guardian understand and accept these terms and conditions.

4. ACCOUNT AND SECURITY. As a registered user of the Service, you may receive or establish a user name and password (an "Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You agree not to reveal information related to your Account to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify TuneCake of any unauthorized use of your Account or any other breach of security. TuneCake shall not be responsible for any losses arising out of the unauthorized use of your Account, unless such unauthorized use is due to TuneCake’s negligence. You agree not to access or attempt to access an Account that you are not authorized to access. Unauthorized access or violations of system or network security may result in civil or criminal liability.

5. RULES GOVERNING PURCHASE OF PRODUCTS.

(A) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

(B) You shall be authorized to use the Products only for personal, noncommercial use.

(C) You shall be entitled to export, burn (if applicable) or copy (if applicable) Products solely for personal, noncommercial use.

(D) You may use only ring tone Products as a musical “ringer” in connection with phone calls.

(E) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.

(F) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer these Rules.

(G) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

(H). Notwithstanding any other provision of this Agreement, TuneCake, at its sole discretion, reserves the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will TuneCake be liable for the removal of or disabling of access to any such Products, content or materials under these Terms. TuneCake may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

(I) TuneCake has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that TuneCake, in its sole discretion, deems appropriate.

6. PAYMENT.

(A) You agree to pay for all Products purchased on your Account through the Service, and that TuneCake may charge your credit card or PayPal account for any Products purchased, and for any additional amounts (including any taxes or other fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TUNECAKE WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Registration Info section of the Service. (There may be a temporary disruption of your access to the Service until TuneCake can verify the validity of the new credit card or PayPal account information.)

(B) Prices and availability of Products are subject to change at any time at the sole discretion of TuneCake.

(C) Your use of the Service includes the ability to enter into agreements and/or to enter into transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

(D) In order to access and retain your electronic records, you may be required to have certain hardware and software, which is solely your responsibility.

7. CONTESTS, PROMOTIONS, OR GAMES. Periodically, TuneCake may offer as part of the Service, either on or through the Site, contests, promotions or games (collectively, "Promotions"). To participate in Promotions, users may be required to complete a registration. Upon submission, all registrations become the exclusive property of TuneCake. Each Registered User agrees to be bound by the rules of any Promotion and by the rules of fair play and consideration of fellow users. A user who violates any of the rules or guidelines for behavior published on the Site is subject to immediate disqualification and revocation of their registration. TuneCake is under no obligation to award any prize to any user who violates the rules for a Promotion.

Some Promotions may offer prizes to users. All prizes are subject to the official game or contest rules available with that Promotion.

TuneCake reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.

User agrees to release TuneCake and its directors, officers, employees, agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotions located on, or accessed through, the Site. TuneCake is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or delayed transmissions which may limit any user's ability to participate in any Promotion.

8. INTELLECTUAL PROPERTY.

(A) You agree that the Service, including but not limited to Products, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by TuneCake and/or others who have granted TuneCake permission to use such copyrighted material, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of these Terms. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted under these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Products, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever. TuneCake highly values its intellectual property and will aggressively protect and enforce its rights to the fullest extent of the law.

(B) All copyrights in and to the Service, are owned by TuneCake and/or others who have granted TuneCake permission ot use such copyrighted material, who reserve all their rights in law and equity. THE USE OF THE THE SERVICE OR THE PRODUCTS, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

(C) TUNECAKE and other TuneCake trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of TuneCake LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

9. BLOGGING, BULLETIN BOARDS OR OTHER INTERACTIVE PORTIONS OF THE SITE. Posts on blogs, bulletin boards or other interactive public forums on the Site (“Public Forums”) may not reflect the view of TuneCake, but rather the views of the writers in their individual capacity. TuneCake reserves the right to remove any and all comments that it, in its sole discretion, deems inappropriate or offensive. These include comments that use profanity, make personal attacks, or contain other inappropriate comments or material. Finally, we will take steps to block users who violate any of our posting standards, terms of use or any other policies governing this site. However, TuneCake makes no warranties of any kind with regard to the contents of this site or to any comments posted by third parties, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. TuneCake does not warrant that any information is complete or accurate or that any information or links provided are free of rogue programming. You understand and acknowledge that you use and/or rely on any information obtained through the Public Forums at your own risk.

We welcome your participation in Public Forums. In order to keep the experience a positive one for all of our users, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party’s right to privacy, that otherwise violates any applicable local, state, national or international law, or that is otherwise inappropriate. Furthermore, you may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Language intended to intimidate or to incite violence will not be tolerated. In addition, by posting material on the Public Forums, you represent that you have the legal right to reproduce, adapt, display, and distribute this material to others. TuneCake will not be responsible for posted information that may infringe on a third party’s copyright, trademark, or other intellectual property rights. It is prohibited to use the Public Forums to solicit funds, promote commercial entities or otherwise engage in commercial activity.

By using the Public Forums, you hereby release and waive any and all claims against TuneCake, its directors, officers, employees, members and agents, arising from or in connection with your use of the Site. You also agree to defend, indemnify, and hold harmless TuneCake from and against any and all claims, including costs and reasonable attorneys’ fees, arising from or in connection with your use of the Public Forums or your failure to abide by applicable law.

10. TERMINATION. If you fail, or TuneCake suspects that you have failed, to comply with any of the provisions of these Terms, including but not limited to failure to make payment of fees due, failure to provide TuneCake with a valid credit card or with accurate and complete Registration Info or to safeguard the same, violation of the Rules, or infringement or other violation of third parties' rights, TuneCake, at its sole discretion, without notice to you may terminate your Account and right to access the Service (or any part thereof), and you will remain liable for all amounts due under your Account up to and including the date of termination. TuneCake will not be liable to you or to any third party should it exercise such rights.

11. PRIVACY POLICY. Your privacy is important to us. If you have not already read the Site’s Privacy Policy, you should do so now before continuing use of the Site.

12. DISCLAIMER. TUNECAKE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE SERVICE MAY BE UNAVAILABLE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE SITE AND SERVICES ARE PROVIDED "AS IS” AND THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. TUNECAKE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND TUNECAKE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TUNECAKE’S SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH TUNECAKE’S SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED FROM THIRD PARTY VENDORS THROUGH LINKS ON THE SITE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH TUNECAKE'S SERVICES OR WITH THIRD PARTIES THROUGH LINKS ON THE SITE, OR THAT TUNECAKE'S SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. THE EXCLUSION OF IMPLIED WARRANTIES MAY NOT BE ALLOWED BY APPLICABLE LAW, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY. TUNECAKE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO FROM OR WITH ANY THIRD PARTY BY LINKS INCLUDED ON THE SITE, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TUNECAKE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED IN SOME STATES OR JURISDICTIONS, IN SUCH JURISDICTIONS, TUNECAKE’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

14. LINKS TO OR FROM THIRD PARTY SITES. Certain content, products, and services available via the Service may include materials from third parties. In addition, the Site may provide links to certain web sites operated by parties other than TuneCake. Such links are provided for your convenience only. TuneCake does not control such sites, and is not responsible for the content, privacy practices, changes to or further site links provided by such other sites. TuneCake's inclusion of links to such sites does not imply any endorsement of the material on such sites or any association with the operators. You acknowledge and agree that TuneCake is not responsible for examining or evaluating the content or accuracy of any such third-party material. TuneCake does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party sites, or for any other materials, products, or services of third parties. TuneCake makes no guarantee as to such sites and information, including the accuracy, currency, content or quality of any such sites and information and TuneCake assumes no responsibility as to whether the search locates unintended or objectionable content.

You must have permission to link from another web site to TUNECAKE.com. If you would like to request permission to link to the Site, please contact us at music@tunecake.com. We reserve the right, however, to deny any request or rescind any permission previously granted by us to link to the Site, at our sole discretion.

15. INDEMNIFICATION. You agree to indemnify, defend and hold harmless TuneCake, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees) arising from your use or misuse of the Service or the Products, from your violation of these Terms or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of any person or entity. These Terms will inure to the benefit of TuneCake, and it's successors, assigns and licensees.

16. COMPLIANCE WITH LAW; CHOICE OF LAW. The Service is controlled and operated by TuneCake from its offices in the United States. You agree to comply with all local, state and federal statutes, ordinances, and regulations that apply to your use of the Service. These Terms will be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms will continue in full force and effect.

17. ENTIRE AGREEMENT. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and expressly waived by TuneCake. TuneCake will not be responsible for failures to fulfill any obligations due to causes beyond its control.

18. SEVERABILITY. If any part of these terms is held invalid or unenforceable by a court of competent jurisdiction, then the remainder of these Terms shall not be affected thereby, and each term and provision shall be valid and enforceable to the fullest extent permitted by law.

19. CHANGES TO THE TERMS. Any significant changes to the Terms for this Site will be posted to this page. Please review these Terms on a regular basis for any such changes. Your continued use of this web site following the posting of any revisions to these Terms will constitute acceptance of those changes.

20. QUESTIONS?

If you have questions regarding the Terms or any other policies of this site, please contact us at music@tunecake.com

Use of this web site constitutes acceptance of the Terms of Serviceand Privacy Policy.

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