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Terms of Use

Tunestock.com Terms of Use

Last Updated: September 7, 2021, effective date September 15, 2021

Welcome to Tunestock! This Terms of Service Agreement (“Terms”) is between you (“you”, “your”, or “User”) and Tunestock, LLC (“we,” “our,” “us,” or “Tunestock”), and governs your access to and use of our website located at https://www.tunestock.com (and any successor site thereto) (the “Site”), and related services (the “Services”).

Please review these Terms carefully; by accessing or using any of the Services, including by creating an account, you acknowledge that you have read, understood, and agreed to be bound by these Terms. 

These Terms are a legally binding contract between you and Tunestock. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under thirteen (13) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services. These Terms incorporate by reference any additional terms and conditions, including without limitation any terms and conditions contained within a licensing agreement between you and Tunestock, posted by Tunestock through the Site or otherwise made available to you by Tunestock (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.

  1. Changes. Tunestock provides its online services and Site to you subject to these Terms. Tunestock reserves the right to alter the Terms at any time without notice to you; however, we will make reasonable efforts to notify you of any material alteration to these Terms by posting the updated Terms on our Site and delaying the effectiveness of such Terms until a reasonable time has elapsed. By using the Site, you agree to abide by these Terms and our ability to provide Services to you pursuant to these Terms.
  1. Online Services and Disclaimer of Warranty. The Tunestock Site provides an online marketplace for royalty-free music for both creators and Users of music. Any new services, resources or informational content added to the website shall fall under these Terms. The marketplace, music, songs, sound recordings, online resources, informational content, platform, and software on this Site are provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. Tunestock assumes no responsibility for any data loss or other loss suffered by any User of this Site. 
  1. Accounts and Registration. Certain areas of the Tunestock Site are provided solely to Users who have made an account or otherwise registered with us. Any User who creates an account or registers for such services agrees to provide true and accurate information during the account creation or registration process. Tunestock reserves the right to terminate the access of such Users should Tunestock come to know, discover, or have reasonable grounds to suspect, that a User has entered false or misleading information during the account creation or registration process. Tunestock reserves the right to require valid banking, credit card, government ID, social security, and/or tax ID information as proof of identity or entity status. In addition, Tunestock may be required by law to collect the foregoing information in order to ensure proper payment, reporting, and withholding. Tunestock understands the sensitivity of this information it requires from Users, and to ensure compliance with applicable law and demonstrate our trust and commitment to industry best practices, Tunestock maintains the following Privacy Policy
  1. User account. Users will select a username and password during the account creation or registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify Tunestock at [email protected] should User come to know, discover, or have reasonable grounds to suspect, that the username and password have been compromised. Tunestock shall not be responsible for a User’s failure to protect sensitive information relating to such User.
  1. Informational content supplied by Users. User understands that all information, music, sound recordings, computer files, biographical information, graphics, sound files, and text, whether publicly displayed by User on the Site, or privately transmitted through the Site, are the responsibility of the User from which such content has originated. User is fully responsible for any and all content that Users makes available, uploads, provides, posts, e-mails, or transmits using the Site. Tunestock does not and cannot control the content Users transmit through the Site. Under no circumstances shall Tunestock be held liable for User’s exposure to content that User deems offensive, indecent, or objectionable. Under no circumstances shall Tunestock be held liable for any errors or omissions in any content transmitted by Users.
  1. User conduct. User agrees to not use the Site to:

(a) upload, post, or transmit any content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;

(b) harm legal minors;

(c) collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;

(d) impersonate another User, person, or entity, including any official or employee of Tunestock;

(e) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;

(f) upload, post, or transmit any information, music, sound recordings, software, or other files that contain software viruses or other harmful computer code;

(g) interfere with the operation of Tunestock’s web servers or other computers or Internet or network connections;

(h) upload, post or transmit any informational content that is the copyrighted, patented, or trademarked intellectual property of another, or the trade secret of or confidential information of another;

(i) upload, post, or transmit any unsolicited or unauthorized advertising, including “spam” or “junk mail.”

Tunestock does not pre-screen uploaded, posted, or transmitted content, but Tunestock reserves the right to inspect, edit and delete any content that Tunestock comes to know, discovers, or has reason to know, has violated these Terms. Tunestock reserves the right to immediately, and without notice, terminate the account of any User found to have violated any provisions of these Terms. Tunestock may disclose any content Users post, upload, or transmit to the Site, if such disclosure is reasonably necessary to provide Tunestock’s Services, comply with these Terms, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Tunestock, the public, or other Users.

  1. Content submitted by Users. Tunestock does not claim ownership of any informational content submitted by Users to the Site. User grants Tunestock an exclusive, royalty-free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to Tunestock for use on the Site. This license exists only so long as the User allows its content to remain on the Tunestock Site and will terminate in the event that the User removes such content.
  1. Indemnity. You agree to indemnify and hold Tunestock, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.
  1. No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the Tunestock Site.
  1. Limits and modifications. Tunestock may establish without notice limits on the use of its Site, including without limitation the maximum number of accounts Users may create or register, the maximum number of uploads or posts to the Site, or to the number of times Users may access the Tunestock web site. Tunestock reserves the right to modify any and all portions of the Site without notice. Under no circumstances shall Tunestock be liable to User or any other party for such limits or modifications.
  1. Termination of User account. Tunestock may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall Tunestock be liable to User or any other party for such termination of User’s account.
  1. Third-party advertisers. Tunestock may allow third-party advertisers to advertise on the Site. Tunestock takes no responsibility for User’s dealings with, including any online or other purchases from, any third-party advertisers. Tunestock shall not be liable for any loss or damage incurred by User in its dealings with third-party advertisers.
  1. Hyperlink policy. The Site contains hyperlinks to other Internet sites not under the control or dominion of Tunestock. These hyperlinks are not express or implied endorsements or approvals by Tunestock, of any products, services, or information available from these sites.
  1. Tunestock’s intellectual property rights. User agrees not to reproduce, distribute, publicly display, publicly perform, license, create derivative works, digitally transmit, or otherwise use any of Tunestock’s copyrighted, trademarked, or licensed material, including without limitation music, sound recordings, writings, images or logos, graphic files, sound files, and software, available on the Site.
  1. No warranties. THE CONTENT, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
  1. Limitation of liability. TUNESTOCK’S MAXIMUM LIABILITY FOR ANY INACCURACY, LOSS, OR DAMAGE SUFFERED BY YOU AS A RESULT OF TUNESTOCK’S CONDUCT AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO MONEY DAMAGES UP TO A MAXIMUM OF THE AMOUNT PAID BY YOU FOR THE SERVICES RECEIVED (IF ANY). TUNESTOCK IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU. FOR THE AVOIDANCE OF DOUBT, YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO ENJOIN TUNESTOCK OR THE SERVICES PROVIDED BY TUNESTOCK VIA THE SITE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU SHALL BE MONEY DAMAGES.
  1. Notice. Notices may be posted to the Site or e-mailed to Users using the e-mail address Users submitted during the account creation or registration process.
  1. General. These Terms constitute the entire agreement between you and Tunestock and govern your use of the Site. These Terms shall be governed by the laws of the State of Tennessee. In the event of any dispute between User and Tunestock, User agrees to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Davidson in the city of Nashville, Tennessee. The failure of Tunestock to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these 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 the other provisions of these Terms shall remain in full force and effect. USER EXPRESSLY AGREES THAT ANY CLAIM OF USER ARISING UNDER THESE TERMS OR USER’S USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF SUCH CLAIM ACCRUING OR SUCH CAUSE OF ACTION ARISING OR IT SHALL BE FOREVER BARRED.
  1. Violations. Please report any known or suspected violations of these Terms, including any suspected copyright or trademark violations, to [email protected].

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