We reserve the right at any time at our sole discretion to:
- Change, modify, add or remove the terms and conditions of this Agreement;
- Change the Site or sites, including eliminating or discontinuing any content on or feature of the Site or sites; or
- Change any fees or charges for use of the Site or sites.
All changes we make will be effective immediately upon posting a revised version of this Agreement on the Site. Your continued use of the Site following any changes will be considered acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
Materials. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, music, artwork and computer code (collectively, "Materials"), including but not limited to the design, expression, structure, and arrangement of the Materials, contained on the Site is owned, controlled or licensed by or to ArtisTech Media, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in this Agreement, no part of the Site and no Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ArtisTech Media's express prior written consent. Unless otherwise specified on the Site, you may download Materials displayed on the Site, and may use the downloaded Materials, solely for your personal, non-commercial informational purpose but you may not copy or post the Materials on any networked computer or broadcast it in any media. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to the Materials, including agreements of third parties.
By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of ArtisTech Media or, if so indicated in writing by ArtisTech Media, its licensors or suppliers. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of ArtisTech Media, ArtisTech Media's licensors and suppliers, and others. The Trademarks owned by ArtisTech Media, whether registered or unregistered, may not be used in connection with any product or service that is not ArtisTech Media's, in any manner that is likely to cause confusion with customers, or in any manner that disparages ArtisTech Media. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written authorization of ArtisTech Media, ArtisTech Media's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademark is prohibited, and ArtisTech Media will aggressively enforce its intellectual property rights in such Trademark infringement, including via civil and criminal proceedings.
You acknowledge that by uploading music, photographs, videos or any other content to the Site, or requesting that music, photographs, videos or any content be uploaded to your account maintained on the Site, that You are directing ArtisTech Media to store the file in the format in which it is uploaded and to convert and store it in the MP3, FLAC, WAV or other formats, or such other format in which it may be converted by ArtisTech Media. You agree that you will not upload music, photographs, video and other content, and will not request that any music, photographs, video or other content be uploaded to your account maintained on the Site, that infringes the copyright or other intellectual property rights of any third party.
Registration. Some areas of the Site may require you to be or become a ArtisTech Media subscriber. When and if you register to become a subscriber, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, invalid, or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
As part of the registration process, you will be asked to enter your email address, create user name, and select a password. We may refuse to grant you an account that utilizes an email address that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your email, username and password and you agree not to provide, disclose, transfer or resell your email address, username and password or use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting http://tunetrack.net/accounts/password_reset/ and immediately notify us of the problem by contacting us at http://tunetrack.net/feedback/. You are entirely responsible for maintaining the confidentiality of your email address, username and password and for any and all activities that ARE CONDUCTED through your account.
Code of Conduct. While using the Site and/or Materials, you agree not to:
- Restrict or inhibit the proper working of the Site or any other visitor or subscriber from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
- Use the Site or Materials for any unlawful purpose or any purpose prohibited under this Agreement, or to solicit the performance of any illegal activity;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),
- Engage in spamming or flooding or taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
Verification of information applicable to a purchase may be required prior to ArtisTech Media's acceptance of any order. Price and availability of any product or service are subject to change without notice. Current rates for any product or service available through the Site may be obtained by contacting our Customer Support Department at http://tunetrack.net/feedback/.
Submissions and Postings. Please note that, because we and our designees may host message boards and other forums found on the Site (collectively, the "Forums") and, therefore, redistribute materials you give to us, we require certain rights in those materials. Accordingly, by sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.
Forums, Chat Rooms, Blog Posts, Artist Pages. Information on Forums, Chat Rooms, Blog Posts, Artist Pages and other webpages on the site may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with ArtisTech Media. You acknowledge that a large volume of information may be available in our Forums, Chat Rooms, Blog Posts, Artist Pages, and other webpages and that people participating in such Forums, Chat Rooms, Blog Posts, Artist Pages, and other web pages occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the ArtisTech Media community or others. The opinions expressed in the Forums, Chat Rooms, Blog Posts, Artist Pages and other web pages reflect solely the opinion(s) of the participants and users and may not reflect the opinion(s) of ArtisTech Media. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we, our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.
We have no obligation to monitor the Site or the Forums, Chat Rooms, Blog Posts, Artist Pages, and other web pages, or any Submissions or other materials that you or other third parties transmit or post on the Site or the Forums, Chat Rooms, Blog Posts, Artist Pages and other web pages. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums, Chat Rooms, Blog Posts, Artist Pages, and other web pages and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum, Chat Room, Blog Post, Artist Page and other web pages); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
Links. The Site contains links to other Internet web sites which may or may not be owned or operated by ArtisTech Media. ArtisTech Media has not reviewed all of the web sites that are linked to the Site, and ArtisTech Media has no control over such sites. Unless otherwise explicitly stated, ArtisTech Media is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that ArtisTech Media offers such links does not indicate any approval or endorsement of any material contained on any linked site.
Claims of Copyright Infringement. ArtisTech Media respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ArtisTech Media infringe your copyright (for example, materials stored by ArtisTech Media for a subscriber or on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (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 located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ArtisTech Media to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed by ArtisTech Media against you, the DMCA permits you to send ArtisTech Media a counter- notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to ArtisTech Media, LLC, 10606 Camino Ruiz, Suite 8-244, San Diego, CA 92126, Attn: Copyright Agent, faxed to 810-454-1663 or may be emailed to [music @ artistechmedia.com]. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Under the appropriate circumstances, it is ArtisTech Media's policy to remove and/or to disable access from ArtisTech Media to web pages of repeat infringers, to terminate subscribers and account holders who are repeat infringers, and to remove and/or to disable access from ArtisTech Media to web pages as to which there have been steps taken for the purpose of affecting ArtisTech Media's search results such as adding inappropriate "tags."
Access by Minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation (http://www.eff/org/pub/Censorship/Ratings_filters_labelling/) and of America Links Up (http://www.netparents.org/parentstips/browsers.html).
Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.