Terms of Use

Last updated: March 7, 2009

1. Your Acceptance

   BY USING AND/OR VISITING THIS WEBSITE (the "TuneAround Website", or "Website"), INCLUDING ALL CONTENT AVAILABLE THROUGH THE TUNEAROUND.COM DOMAIN NAME, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF TUNEAROUND'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.tunearound.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the TuneAround Website.

2. TuneAround Website

   These Terms of Use apply to all users of the TuneAround Website, including users who are also contributors of audio content, information, and other materials or services on the Website. The TuneAround Website may contain links to third party websites that are not owned or controlled by TuneAround. TuneAround has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TuneAround will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve TuneAround from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the TuneAround Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access
   1. TuneAround hereby grants you permission to use the Website as set forth in this Terms of Use, provided that:
      1. you will not copy or distribute any part of the Website in any medium without TuneAround's prior written authorization;
      2. you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
      3. you will otherwise comply with the terms and conditions of these Terms of Use.
   2. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TuneAround immediately of any breach of security or unauthorized use of your account. Although TuneAround will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TuneAround or others due to such unauthorized use.
   3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the TuneAround servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, TuneAround grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TuneAround reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
4. Intellectual Property Rights

   The content on the TuneAround Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to TuneAround, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TuneAround reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.

5. User Submissions
   1. The TuneAround Website may now or in the future permit the submission of audio or other content submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, TuneAround does not guarantee any confidentiality with respect to any submissions.
   2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize TuneAround to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.
   3. TuneAround does not claim ownership of User Submissions. However, with respect to User Submissions or content you make available for inclusion on publicly accessible areas of the Service, you grant TuneAround worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service in connection with the TuneAround Website and TuneAround's (and its successor's) business, including without limitation for promoting and redistributing part or all of the TuneAround Website (and derivative works thereof) in any media formats and through any media channels. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TuneAround removes such Content from the Service.
   4. In connection with User Submissions, you further agree that you will not:
      1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TuneAround all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage TuneAround or any third party;
      2. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
      3. post advertisements or solicitations of business;
      4. impersonate another person.
      TuneAround does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TuneAround expressly disclaims any and all liability in connection with User Submissions. TuneAround does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TuneAround will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. TuneAround reserves the right to remove Content and User Submissions without prior notice. TuneAround will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. TuneAround also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. TuneAround may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
   5. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   6. You understand that when using the TuneAround Website, you will be exposed to User Submissions from a variety of sources, and that TuneAround is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TuneAround with respect thereto, and agree to indemnify and hold TuneAround, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
   7. TuneAround permits you to link to materials on the Website, provided that you include a prominent link back to the TuneAround website as well. In addition, TuneAround provides an "Embeddable Player" feature, which you may incorporate into your own websites for use in accessing the materials on the Website, provided that you include a prominent link back to the TuneAround website on the pages containing the Embeddable Player. TuneAround reserves the right to discontinue any aspect of the TuneAround Website at any time.
6. Warranty Disclaimer
   YOU AGREE THAT YOUR USE OF THE TUNEAROUND WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TUNEAROUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TUNEAROUND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
   1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
   2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
   3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
   4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
   5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
   6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TUNEAROUND WEBSITE.
   TUNEAROUND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TUNEAROUND WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TUNEAROUND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
   IN NO EVENT SHALL TUNEAROUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
   1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
   2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
   3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
   4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
   5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
   6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TUNEAROUND WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TUNEAROUND SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by TuneAround from its facilities in the United States of America. TuneAround makes no representations that the TuneAround Website is appropriate or available for use in other locations. Those who access or use the TuneAround Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
   You agree to defend, indemnify and hold harmless TuneAround, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
   1. your use of and access to the TuneAround Website;
   2. your violation of any term of these Terms of Use;
   3. your violation of any third party right, including without limitation any copyright, property, or privacy right;
   4. any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the TuneAround Website.
9. Ability to Accept Terms of Use

   You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the TuneAround Website is not intended for children under 13. If you are under 13 years of age, then please do not use the TuneAround Website -- there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

10. Assignment
    1. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TuneAround without restriction.
11. General
    You agree that:
    1. the TuneAround Website shall be deemed solely based in the State of Washington;
    2. the TuneAround Website shall be deemed a passive website that does not give rise to personal jurisdiction over TuneAround, either specific or general, in jurisdictions other than Washington.
    These Terms of Use shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and TuneAround that arises in whole or in part from the TuneAround Website shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. These Terms of Use, together with the Privacy Notice at http://www.tunearound.com/privacy,and any other legal notices published by TuneAround on the Website, shall constitute the entire agreement between you and TuneAround concerning the TuneAround Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and TuneAround's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. TuneAround reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the TuneAround Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND TUNEAROUND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TUNEAROUND WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.