Terms Of Service Agreement

Welcome to TuneLab Music, an online community designed to harness consumer’s passions to utilize, understand and measure word-of-mouth. The TuneLab Music service is operated by TuneLab Music (”TuneLab Music”). By using the TuneLab Music web site (the “Web site”) you agree to be bound by these Terms of Service (this “Agreement”). If you wish to become a participant in the TuneLab Music community (a “Participant”) and make use of the TuneLab Music service (the “Service”), read these Terms of Conditions and indicate your acceptance of them by following the instructions in the Sign Up page.
This Agreement sets out the legally binding terms of your use of the Web site and your participation in the Service and may be modified by TuneLab Music at any time and without prior notice, such modifications to be effective upon posting by TuneLab Music on the Web site. This Agreement includes and incorporates TuneLab Music’s acceptable use policy for content posted on the web site, TuneLab Music’s Privacy Policy, and any notices regarding the Web site. This Agreement also includes and incorporates the TuneLab Music Code of Conduct, which governs your behavior as a member of the TuneLab Music community and is applicable to all Participants.

1. TuneLab Music Content. The contents of TuneLab Music and the TuneLab Music web site, and of all other websites under the Company’s control, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other content (collectively, “TuneLab Music Content”) and the compilation (meaning the collection, arrangement and assembly) of all TuneLab Music Content, are protected under both United States and foreign copyright, trademark and other laws. TuneLab Music and such other websites are sometimes collectively referred to as “TuneLab Music Sites”. As between you and TuneLab Music, all TuneLab Music Content is TuneLab Music’s exclusive property. Unauthorized use of TuneLab Music Content may violate copyright, trademark, and other laws. You must retain all copyright, trademarks, servicemark and other proprietary notices contained in TuneLab Music Content on any permitted copy you make of TuneLab Music Content. You may not sell or modify TuneLab Music Content or reproduce, display, publicly perform, distribute, or otherwise use TuneLab Music Content in any way for any public or commercial purpose. The use of TuneLab Music Content on any other web site for any purpose is prohibited.
You shall not copy or adapt the code that the Company creates to generate any TuneLab Music Content or the pages making up any TuneLab Music Site, which is code also protected by the Company’s copyright.

2. Copyrights and Trademarks. All materials included on TuneLab Music.com including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the intellectual property of TuneLab Music or its clients, unless otherwise noted or attributed. TuneLab Music, all content is © 2002-2007 TuneLab Music All rights reserved. Text excerpts, diagrams, logos or other information may be quoted within the content of this site, and the respective copyright holders retain their rights to this material. You may download, view, email, copy and print documents and graphics incorporated in the documents from this web site subject to the following: (1) the documents may be used solely for involvement in campaigns or personal, informational, non-commercial purposes; and (2) the documents may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative works of any information from this web site in whole or in part without the prior written permission of TuneLab Music

3. Eligibility and Responsibility. You must be 13 years of age or older to visit or use TuneLab Music in any manner. By visiting TuneLab Music or accepting these Terms, you represent and warrant to the Company that you are 13 years of age or older, that you have the right, authority and capacity to agree to and abide by these Terms, and that you will use TuneLab Music solely for your personal, noncommercial use, in a manner consistent with any and all applicable laws and regulations. You agree to abide by the Code of Conduct, In particular, you warrant and represent that the contents of all submissions made by you to the Web site (including all feedback) shall be honest, true and correct to the best of your knowledge. Submitting dishonest or false feedback is strictly prohibited. You must not resell or assign your rights or obligations under these Terms of Use. You must not create multiple accounts or accounts using false or someone else’s personal information.

4. Security Rules. Users must not violate or attempt to violate the security of any TuneLab Music Site, including without limitation, (a) accessing data not intended for such User or logging into a server, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software, or routine to interfere or attempt to interfere with the proper working of any TuneLab Music Site or any activity being conducted on any TuneLab Music Site, (c) attempting to interfere with the availability of any TuneLab Music Site to any User, host or network, including, without limitation, via means of submitting a virus to any TuneLab Music Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” any TuneLab Music Site, (d) sending Users unsolicited e-mail, including promotions and/or advertising of products or service, (e) forging any TCP /IP packet header or any part of the header information in any e-mail or newsgroup posting, or (f) using a password or access code not issued to such User Site. Violations of system or network security may result in civil or criminal liability or terminate you as a Participant. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in identifying, investigating and/or prosecuting Users who are involved in such violations.

5. Term. This Agreement will remain in full force and effect while you use the Web site and/or are a Participant. You may terminate your participation in the TuneLab Music community at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. TuneLab Music may terminate you as a Participant for any reason, at any time. If TuneLab Music terminates you because you have breached the Agreement, you will not be entitled to redeem any prizes. Even after your participation is terminated, this Agreement will remain in effect. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Account, Profile and Submitted Content from TuneLab Music and the immediate termination of, and termination of TuneLab Music services and the services of other TuneLab Music Sites to you, upon any breach by you of these Terms or if the Company is unable to verify or authenticate any information you submit to TuneLab Music or any other TuneLab Music Site.

6. Privacy. Use of the Web site and/or the Service is also governed by our Privacy Policy.

7. The Company’s Liability. TuneLab Music is only a venue and TuneLab Music does not screen or censor the Profiles or Submitted Content offered. We are under no legal obligation to, and generally do not, control the Submitted Content or information provided by other Users that is made available through TuneLab Music. As a result, the Company has no control over the truth or accuracy of information communicated by Users and/or submitted by Users to TuneLab Music. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Profile or Submitted Content. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you come in contact through TuneLab Music. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using TuneLab Music and/or the other TuneLab Music Sites. Because User authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any TuneLab Music Site, in the event that you have a dispute with one or more Users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

8. Disclaimer of Consequential Damages. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY TUNELAB MUSIC SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY TUNELAB MUSIC SITE AND THE TUNELAB MUSIC CONTENT, 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.

9. Limitation of Liability. TuneLab Music, its staff, clients and agents shall not be liable for any damages, special, consequential, or otherwise, arising out of, or in any way connected with a Participant’s participation in the program, the use of information provided by Participants in connection with the Services, any statements made by Participants, or the merchandise or services obtained by Participants through the site.

10. Confidentiality. You are responsible for maintaining the confidentiality and all uses of your Account, and password whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your Account, and password.

11. Disputes among Participants. You are solely responsible for your interactions with other TuneLab Music Participants. TuneLab Music reserves the right, but has no obligation, to monitor disputes between you and other Participants.

12. Import and Export Restrictions. This Web site is controlled and operated by TuneLab Music from its offices within the United States. TuneLab Music makes no representation that the products, services and other materials available through this Web site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.

13. User Submission. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site (”Communications”) will be considered non-confidential and non-proprietary. TuneLab Music will have no obligations with respect to the Communications. However, you hereby assign and all rights to the Communications to TuneLab Music and TuneLab Music, its designees or assignees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

14. Right to Be Removed From Programs. TuneLab Music reserves the right, in its sole discretion, to determine who shall be eligible to participate in any of the campaigns or other programs offered from time to time on the site. Further, TuneLab Music may, at its discretion, remove a participant at any time for any reason.

15. TuneLab Music Does Not Guarantee Product Shipment. Due to the nature of shipping products TuneLab Music cannot guarantee the condition of products shipped. TuneLab Music makes all attempts to ship products on a timely manner but we cannot guarantee a specific timeframe due to the nature of the shipping and fulfillment industry.

16. Products Not Intended For Resale. Products Not Intended For Resale. Any product, service or coupon related thereto offered by TuneLab Music are not intended for resale. Any violation (as determined solely by TuneLab Music) of this provision by a Participant may result in removal from TuneLab Music and all TuneLab Music sites in general.

17. Contact with TuneLab Music. TuneLab Music will periodically contact Participants of the TuneLab Music community with information, updates, and special offers via email. We make all reasonable effort to review and edit each “Communication”. If there are any inaccuracies TuneLab Music will not be held responsible.

18. Feedback in Communications. TuneLab Music’s policy is to review all Communications by participants and to provide feedback to the Communication via email to the participant. We make all reasonable effort to review and edit feedback. If there are any inaccuracies TuneLab Music will not be held responsible.
Should you have any questions or complaints regarding your Communications, please contact us.

19. Polls, surveys, and contests might be available on the site for users, sponsored by TuneLab Music, merchants, and/or strategic partners. You will not be required to participate in polls, surveys, sweepstakes or contests in order to use the site or access your account. TuneLab Music uses the data collected from these activities to assist it and its merchants, advertisers and strategic partners to provide you better services and products. No personally identifiable information is provided to merchants, advertisers or to strategic partners.

20. Indemnity. You agree to indemnify and hold TuneLab Music, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your participation in the program, use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

21. Comments, Complaints and Questions. We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site (including, without limitation, the Communications) shall be and remain the exclusive property of TuneLab Music, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.

Should you have any questions or complaints regarding these terms and conditions, please contact us.

22. Legal Compliance and Applicable Law. You agree to comply with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to your use of this web site, and not to use this web site for any purpose that is contrary to any such laws, rules, regulations or orders. You and TuneLab Music agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

The terms and conditions set forth above shall constitute the entire understanding between TuneLab Music and each Participant enrolled and participating in the program.

23. Notices and Legal Disclaimer. TuneLab Music from time to time may send you legal or other required notices. You agree that TuneLab Music may provide to you required notices, agreements and other information electronically. We will post the notices on the home page of the Web site or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Web site. This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The TuneLab Music Content may contain inaccuracies or typographical errors or technical inaccuracies. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any TuneLab Music Site or the TuneLab Music Content. The use of the TuneLab Music Sites and the TuneLab Music’s Content is at your own risk. Changes are periodically made to the TuneLab Music and may be made at any time.
Information may be changed or updated without notice. TuneLab Music may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
TuneLab Music does not warrant or represent that Participants will earn any specific number of points or that any specific products or services will be available for redemption. TuneLab Music makes no representations or warranties, express or implied, with regard to any merchandise or services obtained by Participants through the redemption of points under the program.