This agreement was written in English (CDN). To the extent any translated version of this agreement conflicts with the English version, the English version is controlling.
Date of Most Recent Revision: November 28, 2012
Any file of any type(file) being uploaded must either a) be the property of the user uploading the file or b) the user uploading the file must have permission from the files owner.
Company and/or Site is not legally responsible for the file a user uploads, the responsibilty is that of the user who is uploading the file. TuneHub takes no legal claim of the file uploaded, and the property of the file remains that of the legal owner/copyright holder.
You will not upload viruses or other malicious code.
You will only upload specific files types that TuneHub has specified to be allowed.
You will not upload duplicate files in any way.
Company and/or Site holds the right to delete any upload at any time without notice.
Company and/or Site remains the right to remove any upload if we determine it appropriate. Such as but not limited to when a trademark owner compains about a username that is similar to an upload name.
Uploading a file to Site gives Site and Company the right to host the file, stream, and sell it on your behalf(if enabled), as explained here: Site does not take ownership or rights in any elements of the upload, however, Company needs the following license to perform the services provided on the Site. User uploading file grants Company and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to: repoduce, distribute, publicly perform, publicly display, create derivative works of, communicate to the public and otherwise exploit the file and perform the Service on the User's behalf(for example: reproduce, transcode, copy and store file on the computer servers owned and/or operated by or on behalf of Company and its authorized sublicensess and distrutors, and publicly stream, transmit, perform, playback and distribute the file) using any methadologies or any technologies now known or hereafter developed. User uploading file grants Company and its authorized sublincensees and distributors, if any, the royalty-free, right and licence to: exploit all associated copyrightable works of metadata, including, without limitation, lyrics, music notations, coverart, artwork, art, images, and to reproduce the file and metadata on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and reproduce, use and publish, and to permit others to reproduce, use and publish, the name(s), title(s), trademarks, likenesses, and personal and biographical materials of the uploader, in connection with provision of the Service.
By uploading a file to the site (1)you represent and warrant, and can demonstrate to Company's fulls satisfaction upon request, that: you own or otherwise control all rights to your file, which includes Sound Recordings, the Musical Works embodied in the Sound Recording; you have full authority to act on behalf of any and all owners of any right, title, or interest in and to any file you upload to the Service and the Music Works embodied therein. (2) You represent and warrant that the use or other exploitation of your file and the Music Works embodied therein by Company and its authorized sublicensees and distributors and/or by users of the Site, as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, contract rights, copyrights, publicity rights, or any other intellectual property or proprietary rights. (3) You represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your file as authorized under this Agreement.
Fees and Payment – Users.
You may purchase products and/or services from a band through the Site, including without limitation purchases of digital downloads and physical merchandise (each such purchase is a “Transaction”). All inquiries regarding Transactions will be directed to the relevant artist. Company is not responsible for refunds for Transactions.
You warrant that if you enter into a Transaction, you shall be able to make full and immediate payment for the requested products or services.
Fees and Payment – Artists.
- Users can set prices for products that are charged through Transactions (the “Prices”) through the Site, an administrator of an artist may change the Prices at their sole discretion. Notwithstanding the preceding sentence, Site may redistribute previously purchased copies of your products to users who have, in Site’s sole determination, received a corrupted copy of your product, an incomplete copy of your product, or suffered a loss of your product through computer failure, damage, theft or destruction, on a no-fee basis to the user (i.e., the user is not charged a new fee for the redistribution). Consequently, no additional payments shall be made to you for such redistributions, nor will you be informed.
- Company shall be entitled to a share of the revenue you receive from Transactions (the “Revenue Share”), which shall be calculated on your gross revenue from Transactions in accordance with the rate schedule set forth at tunehub.net/pricing. You shall be solely responsible and liable for, and Company shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), PayPal fees (except for fees charged on Company’s PayPal account), credit card transaction fees, disputed payments and refunds.
- Payments received from users for Transactions shall be directed to the artists listed PayPal email, Company fees will be directed to Company PayPal account in a secondary transaction that occurs during the Transaction.
- Company and/or Site retains the right to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Company, and to correct any inaccurate listing or technical problems on the Site.
- All taxes such as, but not limited to, income taxes, etc., due to Transactions through the Site are the sole responsibility of the user to report, return and/or pay.
Any Album must either a) be the property of the artist creating the album or b) the user creating the album must have permission from the albums owner.
Company and/or Site holds the right to delete any album at any time without notice.
Company and/or Site remains the right to remove any album if we determine it appropriate. Such as but not limited to when a trademark owner compains about an album that is similar to a trademark name.
Any user may create an artist page, however, only an authorized representative for the artist may administer that page.
Any Artist name must either a) be the property of the artist creating the album or b) the user creating the album must have permission from the albums owner.
You will not make an artist page using a name of a band you do not have authorized permission to use.
Content posted to artist pages is public information and available to anyone.
Company and/or Site holds the right to delete any artist at any time without notice.
Company and/or Site remains the right to remove or reclaim any artist if we determine it appropriate. Such as but not limited to when a trademark owner compains about an artist that is similar to a trademark name.
You will not upload viruses or other malicious code.
You will not use TuneHub to send unauthorized corporate communications (such as spam).
You will not access TuneHub or otherwise collect users content or information, using automated means (such as robots, spiders, bots, scrapers or harvesting bots).
You will not harrass, bully, intimidate, or act aggressively to another user.
You will not post content that is: hateful, threatening, aggressive, contains nudity, incites violence, is graphic or contains gratuitous content.
You will not do anything that could disable, overburden or impair the proper working of TuneHub, such as denial of service attack.
You will not use TuneHub to do anything that is unlawful, malicious or discriminatory.
You will not facilitate or encourage any violations of this statement.
You will not create an account on TuneHub for anyone other than yourself.
You will not use TuneHub if you are 12 years of age or younger.
You will not use your profile, artist page, or file uploads for third party advertisement or third party commercial gain.
You will not do anything that can jeapardize the security of your account, including but not limited to sharing your password.
You will not create more than one account on TuneHub.
Company and/or Site holds the right to delete any account at any time without notice.
Company and/or Site remains the right to remove or reclaim any username if we determine it appropriate. Such as but not limited to when a trademark owner compains about a username that is similar to a trademark name.
If anyone or anything brings a claim against us (Company) related to your actions, content, uploads or information on Site, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
We try to keep Site bug free, safe, and up online, but users use it at their own risk. We do not gaurantee that Site will be safe and secure. Upon using Site, you release us from any claims and damages, known and unknown, related to the content and media hosted on Site.
The name TuneHub refers to features and services made available, through the website at http://www.tunehub.net
The words "us" and "we" are in reference to the persons and Company who make tunehub available, including but not limited to developers, employees, and executives.
By content we mean any information the user makes available including but not limited to uploads, personal information, and posts.
By information we mean any facts or information of you, the user, made available on Site.
Site remains the right to remove any information or uploads located on the website, including user created content, at any time without notice.