This Agreement was posted to this Website on February 12, 2011 and was last updated on this date. This Agreement may be amended from time to time. You should visit this page regularly to keep yourself informed of the most current version of this Agreement.
The terms “us”, “we” and “our” refer to Music Intelligence Project, LLC d/b/a The Tuneables. The term “you” refers to each individual user of our Website.
Grant of Right of Use and Access
We hereby grant you the right to access and use the Website provided that you are in agreement with and will continue to acknowledge and /or abide by the following terms and conditions:
The written content, information, materials, characters, videos, video clips, stories, videos, video clips, audio clips, music, characters, images, photographs,box shots, screen shots, text, photographs, illustrations, designs, compilations, advertising copy; and trademarks including characters, logos, marks, and icons; domain names, trade names, service marks, trade identities, source and object code, and all other Materials related to the “look and feel” of the website and any other form of intellectual property and other content contained on the pages of this Website (collectively the “Content”) are for your personal information and use only and shall not be used by you for any commercial or other purposes whatsoever. The Content is subject to change without notice to you of any kind.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Content found or offered on this Website for any particular purpose. You acknowledge that such Content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
You assume any and all risks related to your use of and/or access to the Website, as well as the Content on this Website, and we shall not be liable for any damages you sustain as a result of these risks.
All of the Content on this Website is owned by or licensed to us. You agree that you will not download, copy, reproduce display, distribute, transmit or publish, either in whole or in part, any of the Content on this Website without our prior written consent.
You acknowledge that your use of and/or access to this Website in a manner which is not authorized by the terms and conditions of this Agreement may give rise to a claim for damages against you and/or may constitute a criminal offense.
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). You acknowledge that we have no responsibility for the content of the linked website(s) or for any damages you sustain as a result of your use of and/or access to the linked website(s).
You may not create a link to this Website from any other website without first obtaining our permission. You may request permission by sending your name, address, Website URL, and the type and nature of website(s) from which you want this Website to be linked to: [insert contact email address].
You may not change or edit any part of the Website or the Content.
You may not sell to access to or advertising on the Website.
You acknowledge that your use of and/or access to this Website and the Content does not give you any right, title or interest of any kind in the Website or the Content.
You acknowledge that your right to use and/or access the Website may be restricted, limited or discontinued by us at any time in our sole discretion. We also reserve the right to discontinue this Website, or any aspect of the Website, at any time.
You are in compliance with all of the other terms and conditions of this Agreement.
Subscription to/Registration with our Website
You may subscribe to receive emails related to certain services and products offered by us and our affiliates. You will only be required to submit your name and email address to subscribe to receive these promotional emails. You may also register, on your behalf or on behalf of any of your minor children, an account with Club Tunie or any other member-only clubs that may be created in the future. Registration with Club Tunie or other member-only clubs will allow you to receive, among other things, online birthday cards and other promotional offers and emails for which membership in the club is required, as well as the ability to access and post certain User Supplied Content (as defined below) in, certain areas of the Website where the accessing and posting by non-members is prohibited. You will not be required to submit any personal information such as home address, telephone numbers or bank or credit card account information solely in order to subscribe to our emails or register an account on our Website, though you may be required to provide your birth date and, if applicable, your minor children’s birth dates in order to register an account on the Website. You may be required, however, to submit any personal information that may be required in order to purchase any of the products offered on our website. You can unsubscribe from our emails at any time by clicking on the “Unsubscribe” link contained in each email you receive or by contacting us at: firstname.lastname@example.org. You can also terminate your account registration with us at any time by contacting us at: email@example.com. By subscribing or registering an account with us, you agree that: (a) the information you submit is truthful and correct; and (b) you will maintain the accuracy of such information at all times during the term of your subscription and/or the period when your account is active.
User Supplied Content
The Content includes comments posted on this Website by its users (collectively the “User Supplied Content”). User Supplied Content may not be reviewed by us prior to its posting on the Website and may not reflect our opinions as to its subject matter. We are not responsible for monitoring the User Supplied Content on our Website.
Upon submitting your name and email information when registering to post a comment, you will be allowed to post your own comments to the Website subject to your agreement and/or adherence to the following terms and conditions:
All of the comments you post on this Website shall also be considered to be “User Supplied Content” for the purposes of this Agreement. You shall not be entitled to any confidentiality with respect to the comments you post on the Website.
You shall be solely responsible for your own User Supplied Content and the consequences of posting or publishing. In connection with the User Supplied Content that you submit, you represent to us that you own or have the necessary licenses, rights, consents, and/or permissions to use, and further authorize us to use, all patent, trademark, trade secret, copyright or other proprietary rights in the User Supplied Content.
By submitting any User Supplied Content to us, you hereby grant us a non-exclusive, royalty-free, sublicense-able, transferable, perpetual, irrevocable, unrestricted and worldwide license to use, reproduce, distribute, prepare derivative works of, display, sublicense, modify, adapt and perform the User Supplied Content in for any purposes whatsoever, including without limitation for promoting and redistributing part or all of the Website in any media formats and through any media channels. YOU HEREBY AGREE THAT YOU HAVE RECEIVED GOOD AND VALUABLE CONSIDERATION, INCLUDING BUT NOT LIMITED TO YOUR ABILITY TO USE AND ACCESS AND PARTICIPATE IN THE COMMENTS ON THE WEBSITE, BUT THAT YOU SHALL NOT BE ENTITLED TO ANY MONETARY COMPENSATION FOR THE SAME. You also hereby grant each user of the Website a non-exclusive license to access your User Supplied Content through the Website, and to use, reproduce, distribute, display and perform such User Supplied Content as permitted through the functionality of the Website and subject to the terms and conditions of this Agreement.
In connection with the User Supplied Content, you further agree that you will not 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.
You acknowledge that we do not endorse any User Supplied Content or any opinion, recommendation, or advice expressed therein, and we disclaim any and all liability in connection with any User Supplied Content that you post on this Website, including but not limited to liability related to any claims for copyright, trademark or other intellectual property infringements, defamation, negligence, recklessness or intentional torts that arise directly or indirectly from your User Supplied Content. We do not permit copyright infringing activities and infringement of intellectual property rights on its Website, and we will remove all Content and User Supplied Content if properly notified that such Content or User Supplied Content infringes on another’s intellectual property rights. We reserve the right to remove any User Supplied Content without prior notice to you.
You further acknowledge that: (a) we have the right, in our sole discretion, to delete any of your User Supplied Content that, in our opinion, harms, violates the rights of, or threatens the safety of any other person; (b) you are solely responsible for any User Supplied Content that you post on your Website, for any other Content that you provide or transmit to any other users of this Website and for all of your activities while accessing or using this Website and that you agree to indemnify us and hold us harmless from any liability, including but not limited to costs of suit and reasonable attorneys’ fees, that we incur as a result of your User Supplied Content.
Prohibited Content and Activities
You hereby agree not to post prohibited Content, including User Supplied Content, on this Website or engage in prohibited activities (collectively “Prohibited Content and Activities”) while using this Website. “Prohibited Content and Activities” include but are not limited to:
using or accessing our Website in a manner inconsistent with any applicable laws and regulations;
harassing or advocating the harassment of another person;
submitting information that you know is false or misleading or that promotes illegal activities;
engaging in conduct that is abusive, threatening, obscene, defamatory or libelous;
any comments or activities that are: (a) offensive; (b) promote racism, hatred physical harm of any kind against any group or individual; © exploit people in a sexual or violent manner; or (d) contain nudity, violence, animal cruelty, offensive subject matter or links to adult website(s);
transmitting junk mail, chain letters, or unsolicited mass mailing, instant messaging, or spamming;
furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
soliciting passwords or personally identifiable information for commercial or unlawful purposes from other users of the Website;
engaging in unauthorized commercial activities, sales, contests, sweepstakes or any other form of advertising on our Website;
posting a photograph or other content belonging to another person without that person’s consent;
engaging in criminal or tortuous activity, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, or copyright, trademark or patent infringement;
attempting to impersonate another person;
using false name or email accounts when using or accessing the Website;
soliciting or accepting payment or anything of value from a third person in exchange for any commercial activities on or through the Website.
causing harm to us or adversely affecting our brand name and/or reputation.
We may in our sole discretion deem any other Content or activities not specifically listed herein to be Prohibited Content or Activities. We reserve the right to take appropriate action against anyone who, in our sole opinion, has engaged in Prohibited Content and Activities, which actions may include but are not limited to removing any Content from this Website; restricting, limiting or terminating the user’s access to and/or account with this Website; instituting legal, administrative or criminal proceedings against the user; and/or referring the user’s contain and account information to any appropriate law enforcement agencies.
Termination of Access and Use
We may terminate your access to or right to use and access the Website at any time, if in our sole discretion, we determine that you are in violation of any of the terms and conditions of this Agreement.
You agree that we will not be liable to you or to any third party for any termination of your access to and/or use of this Website.
Ability to Accept Terms and Conditions
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 the terms and conditions and to legally enter into and comply with this Agreement. If you are over 18 and you have any minor children who are using this Website, you agree that you will supervise your minor children’s use of the Website at all times and that you agree to accept all of the terms and conditions of this Agreement on your minor children’s behalf.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
THIS WEBSITE AND ANY CONTENT CONTAINED ON THIS WEBSITE ARE ALL MADE AVAILABLE TO YOU ON AN “AS IS, WHERE IS” BASIS AND WITH ALL FAULTS, LATENT OR MANIFEST, INCLUDED. YOU HEREBY AGREE THAT YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.
MUSIC INTELLIGENCE PROJECT, LLC D/B/A THE TUNEABLES, TOGETHER WITH ALL OF OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUPPLIERS AND CONTENT, INFORMATION AND SERVICE PROVIDERS (COLLECTIVELY REFERRED TO AS THE “MIP PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU WITH RESPECT TO THIS WEBSITE AND HEREBY SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE OR THE CONTENT CONTAINED ON THIS WEBSITE, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, ARISING OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE OR CUSTOMS OR USAGE OF TRADE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT AND ANY REPRESENTATIONS REGARDING ACCURACY, TRUTHFULNESS AND OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THIS WEBSITE OR THE QUALITY OF THIS WEBSITE AND ITS CONTENT.
Liability Exclusion and Release
Music Intelligence Project, LLC d/b/a The Tuneables and the MIP Parties have no liability whatsoever, to the fullest extent permitted by law, in connection with your use of and/or access to this Website and any of the Content. Music Intelligence Project, LLC d/b/a The Tuneables and the MIP Parties hereby specifically assume no liability for any damages arising out of or related to: (1) any errors, inaccuracies or omissions contained in any of the Content; (2) any personal injuries or property damage resulting to you or to any third party from your use of and/or access to the Website, (3) any unauthorized access to your personal information and/or financial information by any third parties through the Website, and (4) any viruses or Trojan horses you may acquire due to your use of and/or access to the Website. These specific exclusions of liability are provided as examples only and shall not in any way limit or reduce our exclusion of all liability hereunder. You should use your best judgment and exercise caution when and where appropriate while using this Website.
WHILE EFFORT HAS BEEN TAKEN TO ENSURE THAT THIS WEBSITE AND ITS CONTENT ARE FREE FROM VIRUSES, YOU HEREBY ACKNOWLEDGE THAT MUSIC INTELLIGENCE PROJECT, LLC DOES NOT GUARANTEE THAT THEY ARE FREE FROM VIRUSES. YOU HEREBY ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE INSTALLED ADEQUATE AND UP-TO-DATE VIRUS-CHECKING SOFTWARE. YOU HEREBY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIRS TO ANY COMPUTER OR TO ANY OTHER EQUIPMENT ARISING OUT OF OR RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE.
YOU HEREBY ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USERS OF THIS WEBSITE. ALL COMMUNICATIONS AND TRANSACTIONS WITH OTHER USERS ARE AT ENTIRELY AT YOUR OWN RISK. MUSIC INTELLIGENCE PROJECT, LLC AND THE MIP PARTIES HEREBY DISCLAIM ANY AND ALL LIABILITY ARISING FROM SUCH COMMUNICATIONS OR TRANSACTIONS, INCLUDING FROM ANY TORTS, ILLEGAL CONDUCT OR OTHER OFFENSES COMMITTED BY ANY OTHER USERS.
YOU HEREBY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, MUSIC INTELLIGENCE PROJECT, LLC D/B/A THE TUNEABLES AND THE MIP PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES THAT YOU SUSTAIN, OR THAT YOU CAUSE ANY THIRD PARTY TO SUSTAIN, WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE AND ANY OF ITS CONTENT, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, DAMAGES FOR LOST REVENUES OR LOST PROFITS AND ANY AND PUNITIVE DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ANY THIRD PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MUSIC INTELLIGENCE PROJECT, LLC D/B/A THE TUNEABLES AND THE MIP PARTIES TO YOU EXCEED THE LESSOR OF: (A) FIVE THOUSAND ($5,000.00) DOLLARS; OR (B) THE DAMAGES THAT YOU SUSTAIN.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE MUSIC INTELLIGENCE PROJECT, LLC D/B/A THE TUNEABLES AND EACH OF THE MIP PARTIES FROM ANY AND ALL DAMAGES, LOSSES, LIABILITIES, REASONABLE ATTORNEYS’ FEES, COSTS AND EXPENSES OF ANY KIND SUSTAINED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LAWSUITS, LEGAL, ADMINISTRATIVE, OR CIVIL PROCEEDINGS WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH PRESENTLY EXIST OR MAY HEREAFTER EXIST IN THE FUTURE, WHICH ARISE OUT OF OR ARE RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE AND ITS CONTENT TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MUSIC INTELLIGENCE PROJECT, LLC D/B/A THE TUNEABLES AND EACH OF THE MIP PARTIES, FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, LIABILITIES, REASONABLE ATTORNEYS’ FEES, COSTS AND EXPENSES OF ANY KIND THAT THEY MAY SUSTAIN IN CONNECTION WITH ANY CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LAWSUITS, LEGAL, ADMINISTRATIVE OR CIVIL PROCEEDINGS WHATSOEVER, MADE BY YOU OR ANY OTHER THIRD PARTY, WHETHER KNOWN OR UNKNOWN, WHICH PRESENTLY EXIST OR MAY HEREAFTER EXIST IN THE FUTURE, WHICH ARISE OUT OF OR ARE RELATED TO YOUR USE OF AND/OR ACCESS TO THIS WEBSITE OR YOUR BREACH OF ANY OF YOUR OBLIGATIONS UNDER, OR YOUR FAILURE TO ABIDE BY ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Website, including all Content, is the copyright of Music Intelligence Project, LLC d/b/a The Tuneables effective 2011, all rights reserved. The Content contained on this Website is the copyright of Music Intelligence Project, LLC d/b/a The Tuneables or of any third parties who licensed the Content to us. All rights are reserved.
Any redistribution or reproduction of part or all of the Content in any form is prohibited other than the following:
you may print or download Content for your personal and non-commercial use only
you may forward the Content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.
You may not, except with our express written permission, or without the express written permission of the copyright holder of any Content supplied to the Website by any third party, commercially distribute or exploit the Content. You may also not transmit the Content, store it in any other website or other form of electronic retrieval system, or manipulate or alter the Content in any manner.
Digital Millennium Copyright Act Notice
If you are a copyright owner or an agent thereof and believe that any use of, or text or images posted on this Website, 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©(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; © 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; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) 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; and (f) 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.
The address for our designated Copyright Agent, as registered with the United States Copyright Office, to receive notifications of claimed infringement is:
c/o Music Intelligence Project, LLC
P.O. Box 969
Old Lyme, CT 06371
Email: firstname.lastname@example.org (put “Attention Copyright Agent” in the reference line).
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through: [insert email address.] You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you posted any material that was removed pursuant to this Section and believe that the material removed was not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; © a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts of Connecticut, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter-notice, in our sole discretion.
Compliance with Local Laws
The Website is controlled and offered by Music Intelligence Project, LLC d/b/a The Tuneables from its facilities in Connecticut. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with their local laws.
We may, from time to time, have competitions, prize drawings or other promotions and offers on this Website (collectively the “Promotions”). These Promotions may be subject to additional terms and conditions that will be made known to you on the Website on the particular web pages for those Promotions in addition to the terms and conditions set forth in this Agreement. No minor children will be allowed to enter any Promotions; the parents or guardians of any minor children must enter the Promotions on their behalf.
This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut. Any disputes arising from matters relating to the Website shall be subject to the jurisdiction of the state and federal courts of Connecticut and you hereby irrevocably consent to the personal jurisdiction of such courts.
If any of these terms and conditions of this Agreement should be determined to be illegal, invalid or otherwise unenforceable by any reviewing court of competent jurisdiction, such illegal, invalid or unenforceable terms shall be severed and deleted from this Agreement, only within the jurisdiction of such reviewing court, and the remaining terms and conditions of this Agreement shall survive, remain in full force and effect and continue to be binding and enforceable to the fullest extent permitted by law.
Successors and Assigns
The terms and conditions of this Agreement will inure to the benefit of Music Intelligence Project, LLC d/b/a The Tuneables, the MIP Parties, their affiliates and each of their respective successors and assigns. The terms and conditions of this Agreement will be binding on you and your heirs, executors, administrators, any permitted assigns, and your personal representatives.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
No partnership, joint venture, principal-agent, employer-employee or franchisor-franchisee relationship with us is intended or created by this Agreement or your use of or access to this Website for any reason.
Any rights not expressly granted to you by this Agreement are hereby reserved to Music Intelligence Project, LLC d/b/a The Tuneables.
The section headings contained in this Agreement are listed for the convenience of reference only and they are not intended to define or limit the scope of any provision of this Agreement.
Music Intelligence Project™, The Tuneables™ and the characters are trademarks owned by, as well as the trade names of, Music Intelligence Project, LLC.