Last Update: August 23rd, 2016
Effective Date: December 4th, 2015

By accessing the Tunefly application, website, or any applications (including mobile applications) made available by Tunefly (together, the “Service”), you agree to be bound by these terms and conditions (“Terms of Use”). These Terms of Use affect your legal rights and obligations. You are agreeing that you are responsible for compliance with any and all applicable laws and regulations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

Terms

  1. You must be at least 13 years old to use the Service.
  2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
  4. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  5. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  6. You are solely responsible for your conduct and any data, text, files, information, audio recordings, images, graphics, photos, profiles, works of authorship, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
  7. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Tunefly.
  8. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications to any Tunefly user.
  9. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Tunefly page is rendered or displayed in a user’s browser or device.
  10. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  11. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Tunefly terms.
  12. Violation of these Terms of Use may, in Tunefly sole discretion, result in termination of your Tunefly account. You understand and agree that Tunefly cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Tunefly, we can stop providing all or part of the Service to you.

 

Conditions

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. We reserve the right, in our sole discretion, to change these Terms of Use from time to time.
  4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  5. We reserve the right to force forfeiture of any username for any reason.
  6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Tunefly is not responsible or liable for the conduct of any user. Tunefly reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  8. You agree that you are responsible for all data charges you incur through use of the Service.
  9. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Tunefly’s express consent).

 

Rights

  1. Tunefly does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Tunefly a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy.
  2. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  3. The Service contains content owned or licensed by Tunefly (“Tunefly Content”). Tunefly Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Tunefly, Tunefly owns and retains all rights in the Tunefly Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Tunefly Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Tunefly Content.
  4. The Tunefly name and logo are trademarks of Tunefly, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tunefly.
  5. Although it is Tunefly’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Tunefly reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Tunefly, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Tunefly encourages you to maintain your own backup of your Content. In other words, Tunefly is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Tunefly will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

 

Copyright Policy

  1. You are responsible for Content posted on the Service via your account. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and/or permissions to copy, perform, reproduce or otherwise make available any and all Content posted on the Service via your account.
  2. We respect the intellectual property rights of others and expect you to do the same. The unauthorized posting of copyright protected content, including but not limited to sound recordings, musical works, lyrics, text, artwork and/or photography, is strictly prohibited and may result in the termination of your account. It is our policy, when appropriate and at our discretion, to suspend, disable and/or terminate the accounts of Users who repeatedly infringe the copyrights or other intellectual property rights of others.
  3. In accordance with the Copyright Law of the United States, 17 U.S.C. §512(c), we will respond expeditiously to remove or disable access to material that is the subject of a claim of copyright infringement committed using the Service and is reported to our designated agent for receiving notifications of claimed copyright infringement.
  4. If you are a copyright owner, are authorized to act on behalf of a copyright owner, or are authorized to act under any exclusive right provided for in the Copyright Law of the United States, please report claims of copyright infringement taking place on the Service by accessing the Service’s “File a Copyright Claim” page and completing and submitting the provided form to our designated agent for receiving notifications of copyright infringement.
  5. If you prefer not to use the form provided at the “File a Copyright Claim” page, please provide the following information to our designated agent for receiving notifications of copyright infringement:
    1. Identify, in as much detail as possible, the copyrighted work or works that you claim have been infringed.
    2. Identify, in as much detail as possible, where on the service the copyrighted work or works are presently located.
    3. Provide your mailing address, telephone number, and email address.
    4. Include the following statement in the body of your notice of infringement: “I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner, its agent or the law. I confirm that the information in this notification is accurate. I acknowledge that Tunefly may suspend or disable my account if I make false, malicious or bad faith allegations of copyright infringement, and that I may also be liable for damages (including costs and attorney’s fees) incurred by Tunefly, the alleged infringer, or the copyright owner or its authorized licensee as the result of any such allegations. I confirm that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Where I am making notice pursuant to the United States Digital Millennium Copyright Act U.S.C. 17 §512(c), I make this statement under penalty of perjury.”
    5. Provide your full legal name and your physical or electronic signature.

Deliver this notice of infringement, with all above information included, to the Service’s designated agent for receiving notifications of copyright infringement:

Tunefly Designated Copyright Agent

Tunefly C/O Twin Stacks Center
1100 Memorial Hwy
Dallas, PA 18612

(570) 258-5098

info@tunefly.net


Click here to File a Copyright Claim


 

Tunefly Live

Terms specific to Tunefly Live coming soon.