Terms & Conditions of TuneBreaker Limited (TuneBreaker™) for the TuneBreaker Platform
Please read these conditions of use carefully before using the TuneBreaker™ Website. By using the TuneBreaker™ Website, you agree to be bound by these terms and conditions.
This is a legally binding agreement between you and TuneBreaker Limited, at Sovereign House, 51 High Street, Wetherby, LS22 6LR, West Yorkshire, and its successors, assigns, agents, distributors, dealers, and licensees (“TuneBreaker™”) stating the terms that govern your use of: i) the TuneBreaker™ website (“TuneBreaker™ Website”); and ii) the TuneBreaker™ online shop (TuneBreaker™ Online Shop) (“TuneBreaker™ Website” and “TuneBreaker™ Online Shop” collectively the “Service/s”). You hereby accept and agree to abide by the terms as presented to you, and TuneBreaker™ alone reserves the right to change, add, or remove portions of this agreement at any time and howsoever or at all. It is your responsibility to check these Terms & Conditions each time before using the TuneBreaker™ Website, and your continued use of the TuneBreaker™ Website will indicate your acceptance of any changes whatsoever. By using and/or registering for the use of the Service you hereby agree by yourselves and/or your parents and/or guardian to all the terms of the agreement.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE. Thank You.
TuneBreaker™ is the home of the TuneBreaker™ Music Award (“TMA”). The TMA is for emerging and independent artists. The TMA is a fan driven award comprising voting by a global audience by way of TuneBreaker™’s innovative and unique Sales Led Voting™ system (“SLV™”) and other methods. Please logon to www.tunebreaker.com for updates news and other information and also visit us on twitter Facebook and our blog.
1. Age Requirement
To use and/or register for use of the Service on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this agreement to your parent or legal guardian, and he or she must “AGREE” to enter into this agreement on your behalf. Children under 13 years of age may NOT use and/or register for the Service, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Service, including all financial charges and legal liabilities that he or she may incur.
2. Description of Service
Through the use of the Service, you may be permitted to post comments regarding a TuneBreaker™ artist (if this forms part of the Service from time to time) and/or vote for them by way of download purchases or SLV™ of the sound recordings (Recording/s) involved in the TMA of your favourite artist/s to support them in their chance to win the TMA as better described on TuneBreaker™ Website. There will also be opportunity from time to time to download other Recordings of artist/s by way of purchasing them on TuneBreaker™ Online Shop. Please logon from time to time to see when this service is available. All Recordings purchased are only for your personal, non-commercial use; any other use or sharing is in violation of Copyright and Intellectual Property laws. You may also purchase other products related to your favourite artist/s if and when available on TuneBreaker™ Online Shop (such products, defined “Products”, and Recordings collectively “Items”).
TuneBreaker™ reserves the right to withdraw or amend the Service it provides without notice or to restrict access to it. TuneBreaker™ will do its utmost to ensure that availability of the TuneBreaker™ Website will be uninterrupted and that transmissions will be error-free, but due to the nature of the Internet, this cannot be guaranteed. Also, your access to the TuneBreaker™ Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. In no event TuneBreaker™ shall be liable if for any reason the TuneBreaker™ Website is unavailable at any time or for any period.
The Service is not part of any other offering or product, and as such, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the Service. From time to time, you may have to install software, available through the Service to aid in the accessibility of content.
Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the TuneBreaker™ Website, including notices of cancellation, policies, contracts, and applications.
When you visit the TuneBreaker™ Website or contact TuneBreaker™, you are communicating with TuneBreaker™ electronically. TuneBreaker™ communicates with you by e-mail or by posting notices on the TuneBreaker™ Website. For contractual purposes, you consent to receive communications from TuneBreaker™ electronically and you hereby warrant and agree that all agreements, notices, disclosures and other communications that TuneBreaker™ provides to you electronically hereby satisfies any and all legal requirements and/ or obligations on TuneBreaker™.
3. Registration Data & Accounts
To use the Service you must register and provide certain information as set out from time to time (by way of example but not limitation a member (user) name, password, billing information, and valid email address) to TuneBreaker™ for the purposes of creating an account. You hereby agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform TuneBreaker™ immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
You further represent and warrant to TuneBreaker™ that: (a) all registration information you submit is truthful and accurate; (b) you will inform TuneBreaker™ of any updates to the personal information to keep it accurate and complete; (c) you agree to notify TuneBreaker™ immediately if you believe that there has been any unauthorised use of your personal details.
TuneBreaker™ may terminate your account and any or all rights to the Service if any information you provide is inaccurate, false, or incomplete. You agree that TuneBreaker™ may store and use the registration data you provide for use in billing fees to your credit card and maintaining your accounts. Also, TuneBreaker™ reserves the right to refuse remove or edit content, or cancel orders at TuneBreaker™’s discretion.
4. Your Content and Use Of The TuneBreaker™ Website
If this service is available from time to time, you may post comments on the TuneBreaker™ Website and submit suggestions, ideas, comments, questions, or other information (collectively “Content”), as long as you represent and warrant that the Content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (meaning that Content shall not contain any third party copyright material, or material that is subject to other third party proprietary rights, including rights of privacy or rights of publicity), or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content. TuneBreaker™ reserves the right (but not the obligation) to remove or edit any content, and/or terminate your access to the Service at any time, without prior notice and at its sole discretion. If you believe anyone has or is doing any of the above then please immediately contact us.
In particular, you agree not to behave in a way or to perform or post Content that, at the sole discretion of TuneBreaker™:
- promotes or incites racism, bigotry, hatred or physical harm of any kind toward or against any group or individual;
- is abusive, obscene, defamatory or libellous;
- harasses or advocates harassment of another person or violates the rights (such as rights of privacy and publicity) of others;
- exploits people in a sexual or violent manner;
- includes materials that falsely imply that such materials are endorsed or sponsored by TuneBreaker™;
- contains nudity, violence, or offensive subject matter or contains a link to a website displaying such content;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- solicits personal identifying information from other users;
- promotes an illegal or unauthorized copy of another person’s copyrighted work;
- involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, pyramid schemes, instant messaging, or “spam” or using proxy servers;
- contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- promotes criminal activity or provides instructional information about illegal activities;
- involves commercial activities and/or sales without TuneBreaker™’s prior written consent.
Please also note this non exhaustive list of activities that are illegal or strictly prohibited through your use of the TuneBreaker™ Services. TuneBreaker™ reserves the right to take appropriate legal action against anyone who, at TuneBreaker™’s sole discretion, engages in such activities, including reporting you to law enforcement authorities. Prohibited activities include, but are not limited to:
- attempting to impersonate another user or person;
- using any information obtained from the TuneBreaker™ Services in order to harass, abuse, or otherwise harm another person;
- using the TuneBreaker™ Services in any manner that violates any applicable laws and regulations.
You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. TuneBreaker™ does not endorse any content or any opinion, recommendation, or advice expressed therein, and TuneBreaker™ expressly disclaims any and all liability in connection with Content. You also understand that you might encounter content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language. You agree to use the Service at your own risk and TuneBreaker™ shall have no liability to you for content that may be found objectionable, indecent, or offensive.
You must not use the TuneBreaker™ Website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not TuneBreaker™, are responsible for all electronic communications and content sent from your computer to TuneBreaker™ and you must use the TuneBreaker™ Website for lawful purposes only.
You must not use the TuneBreaker™ Website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
- to cause annoyance, inconvenience, bullying or needless anxiety.
You must not misuse the TuneBreaker™ Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the TuneBreaker™ Website, the server on which the TuneBreaker™ Website is stored or any server, computer or database connected to the TuneBreaker™ Website. You must not attack the TuneBreaker™ Website via a denial-of-service attack or a distributed denial-of service attack.
You hereby agree to indemnify TuneBreaker™ for all claims brought by a third party against TuneBreaker™ arising out of or in connection with a breach of any of these warranties.
5 How to Vote for Your Favourite Artist/s
TuneBreaker™ has presently 4 ways to vote. Included in that is a unique and innovative voting method called the TuneBreaker™ Sales Led Voting™ or SLV™ method by which you can vote for your favourite artist/s by download purchases on the TuneBreaker™ website of their Recordings involved in the TMA. The SLV is unique and innovative because you will be receiving a quality mp3 in consideration of you voting for your favourite artist/s whilst helping them towards the major award prize. Wherever you are in the world you can vote thus helping to reshape the new industry of music. You will see how your favourite artist/s are doing in the TMA by another unique and innovative bit of software TuneBreaker™ has devised, called the “live chart”. Please be aware of the fact that during the music industry panel selection and deliberation phase, as it will be notified on the TuneBreaker™ Website, anyone will be allowed to download the Recordings but you hereby confirm your understanding that these sales will not count as votes in the TMA but the relevant artist will receive remuneration as stated herein.
You hereby understand and agree that the quality of any mp3s you might purchase will always range from a minimum of 128kbps to 320kbps.
You may from time to time, as and when the service is available, purchase by download or otherwise other Recordings or Products on the TuneBreaker™ Online Shop. Whilst such purchases will not help your favourite artist/s in the TMA, a share of all proceeds TuneBreaker™ receives from such purchases will be paid to the relevant artist/s, which means that in both cases you are supporting them. Purchases on the TuneBreaker™ Online Shop are subject to the terms as set out elsewhere herein.
The aim of TuneBreaker™ with the unique and innovative TuneBreaker™ Sales Led Voting™ is that:
- the TMA is conducted in an honest, open, fair and legal manner;
- the winner of the TMA is always genuine and never invented, it is never pre-chosen or planted by the organisers. Every entry has a fair chance of winning the TMA;
- prizes are described accurately, however may be subject to change. Prize winners will receive their prizes in reasonable time;
- there are clear terms and conditions for all TMA’s and SLV™’s which are readily available to the public;
- if things go wrong with running a TMA or SLV™ TuneBreaker™ will not cover it up or falsify the outcome;
- TuneBreaker™ will give plenty of time to all TMA entrants when each TMA phase or TMA ends. This will be either by an email to you and/or notification on the TuneBreaker™ Website. By accepting TuneBreaker™’s Terms and Conditions and its unique and innovative SLV™ voting system you are accepting the rules of the TMA and the SLV™. If for any reason you cannot accept these rules and voting system in full then you should not participate in the TuneBreaker™ TMA.
TuneBreaker™ hereby reserves the right to modify parts of the terms and conditions and SLV™ system at any time without prior notice. If TuneBreaker™ makes such modifications it will post the modifications on the TuneBreaker™ Website and inform all TMA participants (bands/artists) of the changes via e-mail. If any modification is unacceptable to you, you should stop using the TuneBreaker™ Service immediately. Continuing to use the TuneBreaker™ Service after such changes indicates your full acceptance of the modifications.
6 Sale of Recordings and Other Products
When you place an order to purchase an Item from TuneBreaker™ Online Shop, TuneBreaker™ will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to TuneBreaker™ to purchase a product which is accepted by TuneBreaker™ when TuneBreaker™ sends the e-mail confirmation to you. TuneBreaker™ hereby reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Item(s), or supply less than the quantity you ordered (with an adjustment in price) following receipt of your order. Your order is deemed accepted upon delivery of Items (by way of example but without limitation completion of a digital download as indicated by our servers).
TuneBreaker™ currently uses PayPal process which accepts the following credit and debit cards: Visa, Visa Electron, MasterCard, Solo, JCB, Amex and Maestro.
You hereby agree to pay and hereby agree to authorize TuneBreaker™ to charge your credit/debit card for any and all Items that you purchase through the Service and for any additional amounts (including any taxes and fiscal duties) as may be applicable in connection with your purchase from time to time.
YOU ARE RESPONSIBLE FOR PROVIDING TUNEBREAKER™ WITH A VALID CREDIT/DEBIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, TuneBreaker™ may post charges individually or aggregate your charges with other purchases you make on the Service. If any of your billing information changes, you are responsible for updating the information. You are responsible for any charges on your account that are incurred by any person through your account, and you are solely responsible for keeping your account secure and confidential.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. All prices are inclusive of VAT and other fiscal duties (if applicable) unless stated otherwise.
Prices and availability of Items offered through the Service are subject to change at any time.
TuneBreaker™ reserves the right to refuse Service or sale of Items for any reason, to any end user.
By establishing your account, and each time you make a purchase through our TuneBreaker™ Website, you hereby grant permission for TuneBreaker™ to contact you at your e-mail address.
7 Returns Policy
You have the right to withdraw from your transaction without charge and without giving any reason until delivery of the Item(s) has started. You do not have the right to withdraw from a transaction once delivery of the Recording/s has started at which point your transaction is final. The TuneBreaker™ Online Store services commence immediately when you begin to download a Recording from such store and you will not have a right to cancel your contract once the service commences unless you have received an unacceptably poor download. You hereby understand and agree that the quality of any mp3s you might purchase will always range from a minimum of 128kbps to 320kbps and that in no event that can be deemed to be an unacceptably poor download. If you feel that you have received an unacceptably poor download you have to immediately report that to TuneBreaker™ here [link] using the “technical” query header.
Please note that for any physical Products that may be available online from time to time TuneBreaker™ does not provide fulfilment of any of these at all. You must deal directly with the artist or any third party supplying the service, and all terms will be subject to the terms and conditions as given by them to you.
All refunds under this policy will ONLY be made using the original payment method.
In both cases of Recordings and Products, until a purchase is made, TuneBreaker™ hereby reserves the right to change prices for Items offered via the TuneBreaker™ Online Store at any time and without prior notice howsoever or at all, and the TuneBreaker™ Online Store does not provide price protection or refunds in the event of a price reduction or promotional offering subsequent to purchase.
If an Item becomes unavailable following a transaction but prior to download or delivery, your sole remedy is limited to a refund of the price paid for the unavailable Item, less any costs incurred by TuneBreaker™ in the transaction. If technical problems prevent or unreasonably delay delivery of your Item, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by TuneBreaker™ as stated above.
Your statutory rights are not affected.
By using the Service you hereby agree to fully indemnify and agree to keep TuneBreaker™ fully and effectively indemnified and hold harmless TuneBreaker™ and its agents, employees, directors, contractors, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorneys’ fees and court costs on a party to party basis) arising from or concerning your breach of this agreement and your use of the Service and Content and to reimburse TuneBreaker™ on demand for any and all losses, costs or expenses TuneBreaker™ incurs as a result thereof.
9 TuneBreaker™ Content and Service Ownership
All music, software, coding designs, artwork, graphics, video, text, interfaces, patents, Trademarks, logos, service marks, copyrights intellectual property, images, photographs, and any other element of the TuneBreaker™ Website or where TuneBreaker™ is otherwise present on the Internet (collectively TuneBreaker™ Content), including but not limited to the layout, designs, systems architecture, election, organization, and coordination of such TuneBreaker™ Content on the TuneBreaker™ Website is the property of or is licensed to TuneBreaker™, and is protected by trademark, copyright, and other intellectual property rights laws. All rights are reserved.
All copyrights in and to the Service, including but not limited to, the TuneBreaker™ Website, the TuneBreaker™ Online Shop and the TuneBreaker™ Sales Led Voting™ system (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), are owned by TuneBreaker™ and/or its licensors and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited by you for any commercial purpose without TuneBreaker™’s express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TuneBreaker™ without express written consent. You may not use any meta tags or any other “hidden text” utilising TuneBreaker™’s names or trademarks without the express written consent of TuneBreaker™.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink (or to download approved code for the same by TuneBreaker™ to the Welcome page of TuneBreaker™ as long as the link does not portray TuneBreaker™ or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TuneBreaker™ logo or other proprietary graphic or trademark as part of the link without TuneBreaker™’s express written consent. Any unauthorised use terminates the permission or license granted by TuneBreaker™.
10 Changes to the TuneBreaker™ Website
TuneBreaker™ is not obliged to keep the information on the TuneBreaker™ Website up to date. TuneBreaker™ aims to update TuneBreaker™ Website regularly, and may change the content at any time. If the need arises, TuneBreaker™ may suspend access to the TuneBreaker™ Website, or close it indefinitely. Any of the material on the TuneBreaker™ Website may be out of date at any given time, and TuneBreaker™ is under no obligation to update such material. TuneBreaker™ shall not be obliged to remove any outdated information from the TuneBreaker™ Website or to expressly mark it as being outdated.
11 No Responsibility for Third-Party Materials or Websites
TuneBreaker™ may include links to third party websites, which are provided solely as a convenience to you and to artists featured on the TuneBreaker™ Website. TuneBreaker™ assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that TuneBreaker™ is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.
Inclusion of any linked website on the Service does not imply approval or endorsement by TuneBreaker™.
If you fail, or TuneBreaker™ suspects that you have failed, to comply with any of the provision of this agreement, including but not limited to failure to make payment of fees due, failure to provide TuneBreaker™ with a valid credit/debit card or with accurate and complete registration data, failure to safeguard your account information, or violation of the usage rules, TuneBreaker™, at its sole discretion, without notice to you may: (i) terminate this agreement and /or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof). Indemnity clause, as set above (8 Indemnity), shall survive the termination of this agreement.
In addition to the foregoing, TuneBreaker™ may, at its discretion, modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and TuneBreaker™ will not be liable to you or to any third party should it exercise such rights.
TuneBreaker™ does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time TuneBreaker™ may remove the Service for indefinite periods of time, or cancel the Service at any time, with or without notice to you.
TuneBreaker™ makes all reasonable attempts to exclude viruses from the TuneBreaker™ Website, however TuneBreaker™ cannot ensure such exclusion and no liability is accepted for viruses. You are recommended to take all appropriate safeguards prior to submitting or downloading information or images from TuneBreaker™ Website.
TuneBreaker™ will be responsible for any losses you suffer as a result of TuneBreaker™ breaching these conditions if the losses were reasonably foreseeable to both you and TuneBreaker™ when you commenced using the TuneBreaker™ Website, or a contract for the sale of goods by TuneBreaker™ to you was formed. TuneBreaker™ will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and TuneBreaker™ when you commenced using the TuneBreaker™ Website or when a contract for the sale of goods by TuneBreaker™ to you was formed. TuneBreaker™ does not limit in any way its liability by law for death or personal injury caused from its negligence or breach of duty or caused by its gross negligence or wilful misconduct.
In no event TuneBreaker™ will be held responsible for any delay or failure to comply with TuneBreaker™’s obligations under these terms and conditions if the delay or failure arises from any cause which is beyond TuneBreaker™’s reasonable control. This condition does not affect your statutory rights.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by TuneBreaker™) provided “as is” and “as available” for your use, and to the maximum extent allowed by applicable law, TuneBreaker™ expressly disclaims all warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
14 Alteration of Service or Amendments to the Conditions
TuneBreaker™ reserves the right to make changes to the TuneBreaker™ Website and the TuneBreaker™ Online Shop terms and conditions , private policies, and any other terms and at any time. You will be subject to the policies and conditions in force at the time that you use the TuneBreaker™ Website or when you order Items from TuneBreaker™, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition terms and/or policies.
You hereby acknowledge and agree that all notices hereunder shall be given: (i) by you to TuneBreaker™: by e-mail to TuneBreaker™ followed by certified mail, return receipt request, or delivered by courier service, to the TuneBreaker™ registered office at the address mentioned above; (ii) by TuneBreaker™ to you: by e-mail to the e-mail address you gave in the registration page. You hereby warrant and agree that all notices and other communications that TuneBreaker™ provides to you electronically hereby satisfies any and all legal requirements and/ or obligations on TuneBreaker™.
16 Governing Law
These terms and conditions are governed by and construed in accordance with English Law. The courts of England shall have the exclusive jurisdiction to resolve any dispute arising out of or in connection with these terms and conditions. Any proceedings arising out of or in connection with these terms and conditions shall be brought in the courts of England.
Please contact us if you have any questions regarding this agreement and/or if you have any questions, comments or suggestions by leaving a comment here.