Access to and use of tunedig.com is provided by the New Media Innovation Lab, Arizona State University
YOU MUST CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING TUNEDIG.COM (THE TERM “OUR WEBSITE” OR “THE WEBSITE” OR “TUNEDIG” REFERS TO THE WEBSITE LOCATED AT OR LINKED THROUGH THE ROOT URL WWW.TUNEDIG.COM, OWNED AND OPERATED BY THE NEW MEDIA INNOVATION LAB, ARIZONA STATE UNIVERSITY. THE TERMS “YOU” OR “YOURSELF” HERE REFERS TO AN INDIVIDUAL OR GROUP USER, WHETHER AS LISTENER OR ARTIST, OR AN INDIVIDUAL ACTING AS A LEGAL REPRESENTATIVE FOR THE LISTENER, ARTIST(S) OR ANY OTHER ENTITY.BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
Acceptance of terms:
1. By using tunedig.com you must agree, without limitation or qualification to be legally bound by the following terms, which will take effect immediately on your first use of tunedig.com
2. Tunedig.com reserves the right to change these Terms & Conditions at any time by posting changes online and it is your responsibility to refer to and comply with these terms on accessing the Site. Your continued use of this Site after changes are posted constitutes your acceptance of these Terms and Conditions as modified.
3. If these Terms & Conditions are not accepted in full, you do not have permission to access the contents of this Site and you should cease using this Site immediately.
Age of Consent:
4. You must be 14 years or over to register as a member of the Site. If we discover or have any reason to suspect that you have not reached 14 years of age then we reserve the right to suspend or terminate your membership to this Site immediately and without notice.
Registration with the website:
5. The services offered on the website require that you first register with us and open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account.
6. You agree not to use the account, username, or password of another Member at any time or to disclose your password to anyone else. You agree to notify tunedig immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else's password or user account at any time.
Intellectual Property Rights:
7. You acknowledge that tunedig retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or its contents, and tunedig reserves all rights not expressly granted hereunder.
8. You agree and guarantee that any User Generated Content (your music, audio, video, lyrics) is original to you and does not infringe the copyright of any third party.
9. You shall promptly notify tunedig in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents)
10. You grant tunedig the right to use, copy, edit, alter, store, or re-format the User Generated Content.
11. You grant us the right to issue publicity concerning your music in our publicity materials in which it may be included, and for such purpose to use and reproduce your name and photograph and recordings or copies of your recording.
12. By uploading music, posting messages, inputting any other form of data, suggesting ideas or engaging in any other form of communication through the website, you irrevocably agree that any such content, and all intellectual property rights associated therewith, shall become our sole property. We may copy, sublicense, adapt, publicly perform, display or otherwise use any such content and rights in any manner whatsoever, throughout the world, in perpetuity, without any obligation to make any payment to you.
13. Tunedig.com may delete any content at its discretion. However tunedig assumes no responsibility for moderating or monitoring User generated Content on the website. Neither does it have any obligation to remove inappropriate content or stop prohibited activity related to or on the website.
Limitation of Liability:
14. You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (I) your breach of, or non-compliance of the terms and conditions of this Agreement, (II) your use of the website, and/or (III) the use of the website by any other person using your IDs. We may, at our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise.
15. By availing yourself of the Website, Materials or related services, you agree to release and hold tunedig and the employees, owners, researchers, and other representatives of tunedig, its affiliates, any entity controlling, controlled by or under common control with tunedig, any third-party providers or sources of information or data and legal advisers harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services.
Prohibited Activity or Content:
16. You agree to not upload, post, email, otherwise transmit content or post links to any content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, defamatory, improper, obscene, pornographic, slanderous, invasive of privacy or publicity rights, hateful, or racially and sexually otherwise objectionable.
17. You agree to not upload, post, email, otherwise transmit content or post links to any content that uses images of children under 18 years of age.
18. You agree to not upload, post, email, otherwise transmit content or post links to any content that contains nudity or violence or contains a link to an adult website.
19. You agree to not upload, post, email, otherwise transmit content or post links to any content that solicits passwords or any other personal information from users for commercial purposes.
20. You agree to not post upload, post, email, otherwise transmit content or post links to any content involves the transmission of junk mail, chain letters, or any other form of unsolicited mass mailing.
21. You agree not to post a photograph of a person without his/her express consent.
22. You agree not to post links to any content that facilitates hacking.
23. You agree not to conduct your own contests or games requiring a fee.
24. You may not create a profile or post content on forums with hyperlinks to content not permitted by the New Media Innovation Lab.
25. You may not advertise, offer to sell or sell any item without the written consent of the New Media Innovation Lab.
26. You agree not to display any advertisements on your profile by accepting payment from a third party.
Member Disputes:
27. You, as a user are solely responsible for your interactions with other tunedig.com members/users. If any disputes arise of such interactions, tunedig.com reserves the right but has no obligation to act as an arbiter.
Privacy Policy:
28. Use of tunedig.com is governed by our privacy policy and you agree to read and understand it.
Technological limitations:
29. The New Media Innovation Lab will make reasonable efforts to keep the tunedig.com website operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of The New Media Innovation Lab may, from time to time, result in temporary or permanent service interruptions.
30. The New Media Innovation Lab also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the website, or the entire website with or without notice. You agree that tunedig.com shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
31. Tunedig has the right to pull certain music or content off the website at its discretion.
Miscellaneous:
32. You shall not use the Service in any manner contrary to local, state or federal law. Tunedig.com expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or federal law.
33. The products and services mentioned in this website are subject to availability and are available at the sole discretion of The New Media Innovation Lab and tunedig.
34. The New media Innovation Lab reserves the right to change these Terms of Use at any time in its discretion and to notify users of any such changes solely by changing this Terms of Use agreement. Your continued use of the website after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes.
35. While tunedig.com uses reasonable efforts to include accurate and up-t-date information, we make no warranties or representation as to the accuracy of the material and assume no liability or responsibility for any error or omission in the material.
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