PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE (“TERMS”) BEFORE AGREEING TO INSTALL AND USE THE TUNEWIKI MOBILE APPLICATION (“APPLICATION”) ON YOUR MOBILE DEVICE, INTERNET ACCESS DEVICE OR PERSONAL COMPUTER (COLLECTIVELY, “DEVICES”) AND PARTICIPATING IN THE TUNEWIKI COMMUNITY AND NETWORK (“SERVICE”). BY INSTALLING, ACCESSING OR USING THE APPLICATION OR THE SERVICE IN ANY MANNER, you represent and warrant that you have the right, authority, and capacity to CONSENT TO THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO INSTALL THE APPLICATION OR OTHERWISE ACCESS OR USE THE SERVICE AND YOU MUST IMMEDIATELY UNINSTALL THE APPLICATION AND STOP ANY USE OF THE SERVICE.
By using or accessing the Service, you represent and warrant that: (a) you are 13 years of age or older; (b) if you are under the age of majority in your jurisdiction, you have your parent’s or legal guardian’s authorization to use and access the Service and to agree to these Terms; (c) you own or have authorization to use a Device compatible with the Application and Service; (d) if access is through a mobile device, you have a wireless data plan through your wireless carrier necessary to access and use the Service; and (e) you will use the Service in accordance with these Terms.
Some of the content of lyrics uploaded by the community might include offending language, sexual content and explicit lyrics of all kind in any language. The publishers and writers of each lyric file are the sole responsible to the content of the lyrics and TuneWiki has no control on the lyrics content. Your only cure if offended is to not use the services. TuneWiki might use, at its sole discretion, profanity filters which by their nature might not identify all possible profanity in all possible languages and is provided as is, best effort basis.
The Application may automatically download and install updates from time to time directly from TuneWiki. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions of the Application. You agree to receive such updates (and permit TuneWiki to deliver these to you) as part of your use of the Service.
You acknowledge that the Service is subject to outages, slow downs or other interruptions. You further acknowledge that we are not responsible for performance degradation, interruption or delays arising from any source. TuneWiki will not be liable to you if the Service in unavailable at any given time. You agree that your sole remedy for any Service unavailability shall be to terminate your use of the Service.
TuneWiki charge for some of its Services and offer other services as free to you, advertising supported services. TuneWiki reserves the right, in its sole discretion, to charge for the currently free Service in the future and your use of the Service after such time will be subject to you paying the applicable Service charges to TuneWiki.
You are solely responsible for providing any hardware (including, without limitation, a Device), systems and software programs you use to access the Service, and any associated fees, charges and expenses. For example, if you choose to access the Service through an Android-powered mobile device, you are required to obtain at your own cost a compatible mobile device and a data plan from a wireless carrier. Please see your provider’s wireless plan for costs associated with data use and other costs associated with accessing or using the Service.
If you do not agree with any of these Terms, please do not use the Service. TuneWiki reserves the right, in its sole discretion, to modify these Terms at any time without further notice. The most recent modification date will be noted by the “Last Updated” date above. Your continued use of the Service after any such modification constitutes your acceptance of these Terms as modified. If you register for or use additional features available as a part of the Service, such as certain Community Features, as defined below, additional terms and conditions, rules, policies and disclaimers may apply. TuneWiki may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently, including the availability of any features of the Service or access to any parts of the Service, at any time without notice to you. You agree that TuneWiki (and its licensors, suppliers, affiliates or partners) shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You may terminate your use of the Service at any time. TuneWiki may terminate your access to or use of the Service at any time for any reason with or without notice to you. Upon any termination of your use of the Service, you must promptly uninstall the Application, destroy all Content obtained through the Service, as well as any copies of the Application and Content. Sections 10, 11, 12, 14, 15 and 16 and any other provisions that by their nature should survive termination shall so survive any termination of your use of the Service. You agree that TuneWiki (and its licensors, suppliers, affiliates and partners) shall not be liable to you for any termination of your use of or access to the Service.
In order to download the Application and participate in the Service, you are required to register for a Service account (“Account”). By registering for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Service. You acknowledge and agree that TuneWiki will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, without limitation, your failure to receive important information and updates about the Service. If TuneWiki has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, TuneWiki may suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for all use of your Account under any user name or password by any person or entity and for ensuring that use of your Account complies fully with the provisions of these Terms. You are solely responsible for protecting the confidentiality of your user name and password.
TuneWiki grants to users with an Account a limited, non-exclusive, non-transferable license to access and use the Service (including any Content) and to install and use the Application with your supported Device, all in accordance with these Terms. TuneWiki may terminate this license at any time for any reason. You may use the Service on one Device for your own personal, non-commercial use. No part of the Service may be reproduced in any form or incorporated into any information retrieval system, electronic, mechanical or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Service including Content or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service and you may not take any action that imposes an unreasonable or disproportionately large load on the TuneWiki System. TuneWiki reserves all rights not explicitly granted in these Terms.
All ownership rights and title in and to the Service, including all Content therein, are owned by TuneWiki (or its licensors, suppliers, affiliates or partners) and are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights and international treaties. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way the Service, or any portion therein, including, without limitation, any Content, without the prior written permission of TuneWiki. All rights not explicitly granted to you through these Terms are retained by TuneWiki (and its licensors, suppliers, affiliates and partners).
Nothing in these Terms grants to you any right to use any of TuneWiki’s trademarks, service marks, logos, domain names, or other indicia of origin. All other trademarks, service marks, product and service names and company names or logos that appear on the Service are the property of their respective owners.
In using or accessing the Service, you agree:
not to disrupt or interfere with the security of, or otherwise abuse, the Service, or any services, system resources, accounts, servers or networks connected to or accessible through the Service or affiliated or linked websites;
not to disrupt or interfere with any other user’s enjoyment of the Service;
not to upload, post or otherwise transmit through or on the Service any viruses or other harmful, disruptive or destructive files;
not to use, frame or utilize framing techniques to enclose any TuneWiki or ( its licensors, suppliers, affiliates or partners) trademark, logo or other proprietary information (including the images and lyrics available through the Service, the content of any text or the layout/design of any page or form contained on a page) without TuneWiki’s express written consent;
not to use meta tags or any other “hidden text” utilizing a TuneWiki or (its licensors, suppliers, affiliates or partners) name, trademark or product name without TuneWiki’s express written consent;
not to “deeplink” to the Service without TuneWiki’s express written consent;
not to create or use a false identity on the Service;
not to collect or store personal data about others;
not to attempt to obtain unauthorized access to the Service or portions of the Service that are restricted from general access;
not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy or otherwise in violation of any law; and
not to post any copyrighted material unless the copyright is owned by you.
In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities in connection with the Service.
You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.
TuneWiki reserves the right, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or violates our policies.
The Service offers opportunities for users to submit and post their own user content (collectively, “User Materials”) in connection with various Service features, including, without limitation, posting lyrics to the TuneWiki Database, modifying lyrics posted by other users, participating in online chat, posting to user blogs, communicating with other TuneWiki users and posting to TuneWiki discussion forums (each, a “Community Feature”). The selection of available Community Features may change from time to time in TuneWiki’s sole discretion.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with the Service, whether solicited or unsolicited, you are granting TuneWiki a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. TuneWiki also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. All User Materials become the unrestricted licensed property of TuneWiki.
You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by TuneWiki will not infringe or violate the rights of any third party in any manner.
TuneWiki may at its own discretion monitor and prescreen User Materials, and while TuneWiki and its designees reserve the right, but not the obligation, in their sole discretion to refuse, move, edit or delete any User Materials without prior notice, in whole or in part, that is deemed to violate these Terms or is otherwise objectionable, you agree to evaluate, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that the Service is “public,” and in addition to the license granted to TuneWiki, other users will have access to your User Materials and might copy, modify or distribute them.
In your use of any Community Feature, you agree not to upload, transmit, distribute or otherwise publish in any form any User Material that is:
libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy;
an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
illegal in any way or advocates illegal activity;
an advertisement or solicitation of funds, goods or services;
a message posted by a user impersonating another;
personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses or employer references; or
or could be considered bulk unsolicited communications.
You acknowledge that TuneWiki is not responsible for any User Material posted in any Community Feature, including, without limitation, lyrics posted to or modified at the TuneWiki Database. TuneWiki is merely providing access to such Community Features and User Materials as a service to our users to be used in accordance with these Terms. The Community Features may only be used in a noncommercial manner (for entertainment purposes only). With respect to any User Materials posted by other users, such users are solely responsible for the User Materials they post, including, without limitation, the reliability, accuracy and truthfulness of any such User Materials. Similarly, TuneWiki has no control over whether such User Materials are of a nature that other users might find offensive, distasteful or otherwise unacceptable and, accordingly, TuneWiki expressly disclaims any responsibility for any User Material. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment and caution in accessing User Materials in any Community Feature and in taking any actions based upon such User Materials. Accordingly, you will bear all risks associated with any such User Material that you access.
TuneWiki reserves the right, but not the obligation, to monitor and delete any User Materials deemed inconsistent with our policies. TuneWiki also reserves the right to terminate the Account of any user who violates any of these Terms, as determined in our sole discretion.
If you are aware of any User Material on the Service which violates these Terms, please contact us at email@example.com Please provide as much detail as possible, including a copy of the underlying material, the location where TuneWiki may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, TuneWiki will only remove User Materials if TuneWiki believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement Claims.” Although TuneWiki may attempt to monitor User Materials, in no event does TuneWiki assume any particular obligation to do so or liability for failing to either monitor any Community Service or remove specific User Materials.
THE SERVICE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, USER MATERIALS AND THE TUNEWIKI DATABASE), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TUNEWIKI MAKES NO WARRANTY: (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THAT THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICE; (E) THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
You expressly acknowledge and agree that you assume total responsibility and risk for your use of the Service and the results and performance thereof (including, without limitation, your use of any third party applications, websites and any goods, services or content you may receive in connection with links contained within the Service).
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL TUNEWIKI, ITS AFFILIATED ENTITIES, OR ITS LICENSORS , SUPPLIERS OF CONTENTOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “TUNEWIKI PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY USER MATERIALS; (D) ANY THIRD PARTY APPLICATION, WEBSITE OR SERVICE USED IN CONNECTION OR AVAILABLE THROUGH THE SERVICE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE SERVICE; OR (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A TUNEWIKI PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TUNEWIKI’S OR ITS LICENSORS , SUPPLIERS OF CONTENT CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TUNEWIKI’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TuneWiki respects the rights of all copyright holders and in this regard TuneWiki has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TuneWiki’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
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 us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has 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
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TuneWiki’s Copyright Agent for notice of claims of copyright infringement on or regarding the Service can be reached by emailing firstname.lastname@example.org or writing to TuneWiki, Inc., 698 Tasman Drive, Milpitas, California, 95035 Attn: copyright compliance.
Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees.
The Service includes links or direct connections to other websites, contents or resources made available to you from third parties. For example, the Service may provide direct links to YouTube, Last.fm or ShoutCast and others, where you can view music videos or listen to internet radio or find other information. In addition, the Application will interact with applications (such as media players) supplied by third parties. TuneWiki has no control over any such third party applications, websites, content or resources, which are made available by companies or persons other than TuneWiki. You acknowledge and agree that TuneWiki is not responsible for the availability of any such third party applications, websites, content or resources. You further acknowledge that TuneWiki is not liable to you for any loss or damage, which may be incurred by you as a result of these third party applications, websites, content or resources. Third party like music publishers has the right to take down their content from the TuneWiki service, and the lyrics content at TuneWiki service are user generated. You acknowledge and agree that TuneWiki is not responsible for any lyrics availability or accuracy and there will be no refund claims honored based on third party any availability of any kind.
The Service is controlled, operated and administered by TuneWiki from its offices within the United States. TuneWiki makes no representation that materials on the Service are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents available through the Service are illegal is prohibited. If you access this Service from a location outside of the United States, you are responsible for compliance with all local laws.
Export Laws. You may not use the Service or export the Content in violation of United States export laws and regulations. The Service and Content may not be used or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of specially designated nationals or on the United States Commerce Department’s Table of Deny Orders.
Force Majeure. TuneWiki will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood or war.
Headings. The section titles in these Terms are provided solely for convenience and have no legal or contractual significance.
Notices. You agree that TuneWiki may provide you with notices in connection with the Service by email, regular mail, or postings on the Service.
Waiver. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Entire Agreement; Limitation of Actions. The Terms constitute the entire agreement between TuneWiki and you with respect to your use of the Service. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
Indemnification. You agree to indemnify and hold harmless the TuneWiki Parties from any loss, liability, claim, or demand, including costs and reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service or arising from your breach of these Terms, including any representation or warranty set forth herein. As a part of your indemnification obligations, you agree to indemnify the TuneWiki Parties for any claims or suits arising from User Materials you provide and your use of any Community Feature.
Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Applicable Law and Disputes. These Terms shall be governed by and construed in accordance with the laws of California, without resort to its conflict of law provisions. In the event of a dispute arising out of these Terms or your use of the Service (or any portion herein), the proper jurisdiction and venue will be the state or federal courts residing in Santa Clara County, California. You consent to the exercise of personal jurisdiction of these courts over you in the event of such a dispute.
Relationship of the Parties. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and TuneWiki, and you do not have any authority to create any obligation or make any representation on TuneWiki’s behalf. You may not assign these Terms by operation of law or otherwise, without TuneWiki’s written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and TuneWiki and their respective successors and assigns.
Contact Us. If you have any questions about the Service, please visit the Website at www.tunewiki.com, send an email to email@example.com, or send a letter to TuneWiki, Inc., 698 Tasman Drive, Milpitas, California 95035.