These Terms of Service govern your use of Tuneupaudio.com (the “Website”) and all tools, applications, data, software, and other services provided by TuneUp Audio (the “Services”).
TuneUp Audio provides a cloud based recording Platform. TuneUp Audio services require payment before you can access them.Changes to Terms of Service
We reserve the right to change, alter, replace or otherwise modify these Terms of Service at any time. The date of last modification is stated at the beginning of these Terms of Service. It is your responsibility to check this page from time to time for updates.Description of the Platform
The Platform is a recording and hosting service. Registered users of the Platform may submit, upload and post audio, text, comments, and other content, data or information (“Content”), which will be stored by TuneUp Audio at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website and elsewhere. The Platform also enables registered users listen to the Content uploaded and made available by registered users. We may, from time to time, release new tools and resources on the Website, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Service as well as any additional Terms of Service that we may release for those specific services or features.Your TuneUp Audio Account
You are not obliged to register to use the Platform. However, access to certain Services is only available to registered users.
You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your account, you are advised to notify TuneUp Audio in writing, and should change your password at the earliest possible opportunity. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Service, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
You may terminate your account at any time as described in the Termination section below.Your Use of the Platform
If you register to use the Platform, and subject to your strict compliance with these Terms of Service, TuneUp Audio grants you a limited, personal, non-exclusive, revocable, non-assignable and non- transferable right and license to:
(i) submit, upload, record or post Content to the Platform strictly as permitted in accordance with these Terms of Service and any other applicable terms posted on the Website from time to time; and
(i) use other Services provided as part of the Platform strictly as permitted in accordance with these Terms of Service and any other terms applicable to those Apps or Services from time to time.
The above licenses are conditional upon your strict compliance with these Terms of Service, including, without limitation, the following:
(xv)You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by TuneUp Audio; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of TuneUp Audio’s servers, system or network or attempt to breach TuneUp Audio’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking TuneUp Audio’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of TuneUp Audio under these Terms of Service, TuneUp Audio reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions, and acknowledge and agree that TuneUp Audio has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
Any and all audio, text, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter “Your Content”) is generated, owned and controlled solely by you, and not by TuneUp Audio.
TuneUp Audio does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
If you have entered into an agreement with a collective rights management society (that administers creator’s and publisher’s copyrights when performed publicly), you hereby expressly acknowledge that you will not share any of Your Content publicly without obtaining the necessary consent of your relevant management society. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and TuneUp Audio shall have the right, but not the obligation, to use such feedback on an unrestricted basis.Grant of License
By uploading or posting Your Content to the Platform, you initiate an [automated] process to transcode any audio Content and direct TuneUp Audio to store Your Content on our servers. To the extent it is necessary in order for TuneUp Audio to provide you with any of the aforementioned Services, to undertake any of the tasks set forth in these Terms of Service and/or to enable your use of the Platform, you hereby grant such licenses to TuneUp Audio on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.Representations and Warranties
You hereby represent and warrant to TuneUp Audio as follows:
TuneUp Audio reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.
You hereby acknowledge and agree that TuneUp Audio (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, and to the extent permissible by law, TuneUp Audio excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that TuneUp Audio cannot and does not review the Content created or uploaded by its users, and neither TuneUp Audio nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.
TuneUp Audio and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against TuneUp Audio or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.Reporting Infringements
If you discover any Content on the Platform that you believe infringes your copyright, please report this to us via EMAIL.
If you would prefer to send us your own written notification, please make sure that you include the following information:
Your notice should be sent to us by email to firstname.lastname@example.org .Third Party Websites and Services
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).
TuneUp Audio does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, TuneUp Audio does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
TuneUp Audio disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against TuneUp Audio with respect to the content or operation of any External Services.Blocking and Removal of Content
Notwithstanding the fact that TuneUp Audio has no legal obligation to monitor the Content on the Platform, TuneUp Audio reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Service, or applicable law, or is otherwise unacceptable to TuneUp Audio.Repeat Infringers
TuneUp Audio will suspend or terminate your access to the Platform if TuneUp Audio determines, in its reasonable discretion, that you have repeatedly breached these Terms of Service.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by TuneUp Audio at its discretion.
Please note we do not offer refunds to account holders whose accounts are terminated as a result of repeated infringement of these Terms of Service.Disclaimer
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST TUNEUP AUDIO USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO TUNEUP AUDIO’S ATTENTION, TUNEUP AUDIO MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR OTHER EXTERNAL SERVICES. TUNEUP AUDIO DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TUNEUP AUDIO DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
TUNEUP AUDIO AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.Limitation of Liability
IN NO EVENT SHALL TUNEUP AUDIO’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE SUBSCRIPTION OR THE AMOUNTS (IF ANY) PAID BY YOU TO TUNEUP AUDIO IN THE DISPUTED TRANSACTION OR FOR THE SERVICES GIVING RISE TO THE CLAIM.
TUNEUP AUDIO AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
1. ANYLOSSORDAMAGEARISINGFROM: (A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM; (B) ANY CHANGES THAT TUNEUP AUDIO MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES; (C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY TUNEUP AUDIO OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM; (D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT; (E) YOUR FAILURE TO PROVIDE TUNEUP AUDIO WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL; 2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR 3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF TUNEUP AUDIO BREACHING THESE TERMS OF SERVICE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND TUNEUP AUDIO AT THE TIME YOU AGREE TO THESE TERMS OF SERVICE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO TUNEUP AUDIO AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TUNEUP AUDIO AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND TUNEUP AUDIO, AND THAT TUNEUP AUDIO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES THE LIABILITY OF TUNEUP AUDIO, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILLFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.Indemnification
You hereby agree to indemnify, defend and hold harmless TuneUp Audio, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from: (i) any violation by you of these Terms of Service; (ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content; (iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of TuneUp Audio.Data Protection, Privacy and Cookies
TuneUp Audio reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, TuneUp Audio shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that TuneUp Audio and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website and/or any Services that TuneUp Audio may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
TuneUp Audio may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged from time to time. In the event of any increase in the price or material reduction in the features to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription.
We work for singers, musicians and creators. Our pricing aims to be affordable to allow as many singers and creators as possible to use our Services. Please refer to TuneUp Audio’s website for all details regarding our subscription plans for our Services and for further details relating to upgrades, downgrades, billing, refunds, and changes to paid accounts.Termination
You may terminate this Agreement at any time by sending notice by email to TuneUp Audio at: email@example.com , confirming such termination, by removing all of Your Content from your account, by deleting your account and thereafter by ceasing to use the Platform. If you have paid for your use of the Services and terminate this Agreement before the end of your subscription, we are unable to offer any refund for any unexpired period of your subscription.
TuneUp Audio may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are deemed to be a Repeat Infringer as described above; (ii) you are in breach of any of the material provision of these Terms of Service, including without limitation, the provisions of the following sections: Your Use of the Platform, Your Content, Grant of License, and Your Representations and Warranties; (iii) TuneUp Audio elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (iv) in other reasonable circumstances as determined by TuneUp Audio at its discretion.
If your account is suspended or terminated by TuneUp Audio pursuant to (i) or (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of TuneUp Audio.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account, will be irretrievably deleted by TuneUp Audio, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as TuneUp Audio assumes no liability for any material that is irretrievably deleted following any termination of your account. If you wish to delete your account, you will need to do so from the Account page within your Settings on the Website. The provisions of these Terms of Service that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections entitled Your TuneUp Audio Account, Your Content, Grant of Licence, Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Severability, Entire Agreement, and Applicable Law and Jurisdiction, respectively.Assignment to Third Parties
TuneUp Audio may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of TuneUp Audio. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to TuneUp Audio third party without the prior written consent of TuneUp Audio.Severability
Should one or more provisions of these Terms of Service be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Service, which will remain in full force and effect.Entire Agreement
These Terms of Service are not intended to give rights to anyone except you and TuneUp Audio. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.Applicable Law and Jurisdiction